L'agente modello, alla prova della giurisprudenza

The expression of the parameter on which to assess and measure dutiful conduct constitutes one of the most critical profiles of negligence. The essay intends to verify whether the figure of the model agent (reasonable man), impersonated by homo eiusdem professionis et condicionis, finds application in jurisprudence, distinguishing the analysis between negligence in lawful activities and that which is grafted onto unlawful conduct. The analysis shows that only when the reference parameter is correctly cast, with genuinely ex ante judgement, in the context of significant elements of foreseeability in concrete terms, is the figure capable of playing the role of guidance and judgement. The applicative reconciliation, in case law, of the principles of legality and culpability can thus still find the most suitable instrument in the model of the conscientious and prudent agent.