This paper illustrates a shift from full to personalized compensation in non-pecuniary damage. It moves from the multiform language used to de-scribe these losses in various legal systems to analyse how the awarding criteria they use can serve the principle of making the victim whole as well as reshape this principle. As a final outcome, the paper closes with a return back to the ac-tual nature and role of the notion of » making the victim whole « suggesting an innovative path for research based on neurocognitive science insights.
Awarding Damages for Non-Pecuniary Losses: from Full to Personalized Compensation. A Quest towards Neurocognitive Research
COMANDE', Giovanni
2016-01-01
Abstract
This paper illustrates a shift from full to personalized compensation in non-pecuniary damage. It moves from the multiform language used to de-scribe these losses in various legal systems to analyse how the awarding criteria they use can serve the principle of making the victim whole as well as reshape this principle. As a final outcome, the paper closes with a return back to the ac-tual nature and role of the notion of » making the victim whole « suggesting an innovative path for research based on neurocognitive science insights.File in questo prodotto:
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