6 THE ITALIAN LAW JOURNAL NO. 1 (2020) Punitive Damages Under the Lens of Constitutionality: The Role of the Hierarchy of Values by Filippo Maisto To award punitive damages in the absence of a specific statutory provision is incompatible with the provisions of Art 23 and Art 25, para 2, of the Italian Constitution. Nevertheless, the precept ‘according to the hierarchy of values of the legal system’ legitimates the use of this judicial technique to punish both torts and breaches of contract (thus also in cases concerning contractual liability) if the interest of the aggrieved party or debtor converges with the satisfaction of public policy goals. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
