Il problema dell'ingiustizia del danno

This editor’s note traces famous Piero Schlesinger’s inaugural lecture delivered at the “Università Cattolica del Sacro Cuore” in 1960, underlining the arguments used in it in order to abandon the equation between unjust damages (“danno ingiusto”) and the violation of subjective rights. In particular, the importance of the technique of balancing the interest of the damaging party and the interest of the injured party is recalled, in respect ofwhich Schlesingerwrote some far-sightedwords, later taken up, even implicitly, by scholars and courts.