TY - JOUR
T1 - Punitive Damages - A Modern Conundrum of Ancient Origin
AU - Englard, Izhak
N1 - Publisher Copyright:
© 2012 By Walter the gruyter GmbH & Co.
PY - 2012/4/11
Y1 - 2012/4/11
N2 - The problem of punitive damages in tort law besets many modern legal systems, especially those belonging to the English common law tradition. It raises a number of the most fundamental questions: the aims and functions of punishment, those of delictual (tortious) liability, and generally the relationship between public (criminal) law and private law; and all that on the background of constitutional principles. No wonder that, in a series of recent decisions of the US Supreme Court, dissent was common and as a foreseeable reaction lengthy, learned academic articles appeared in the law reviews. The present author could not resist proffering an additional one, in the hope that a number of historical and comparative aspects might be of interest in the ongoing discussion.
AB - The problem of punitive damages in tort law besets many modern legal systems, especially those belonging to the English common law tradition. It raises a number of the most fundamental questions: the aims and functions of punishment, those of delictual (tortious) liability, and generally the relationship between public (criminal) law and private law; and all that on the background of constitutional principles. No wonder that, in a series of recent decisions of the US Supreme Court, dissent was common and as a foreseeable reaction lengthy, learned academic articles appeared in the law reviews. The present author could not resist proffering an additional one, in the hope that a number of historical and comparative aspects might be of interest in the ongoing discussion.
UR - http://www.scopus.com/inward/record.url?scp=84932115284&partnerID=8YFLogxK
U2 - 10.1515/jetl-2012-0001
DO - 10.1515/jetl-2012-0001
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AN - SCOPUS:84932115284
SN - 1868-9612
VL - 3
SP - 1
EP - 20
JO - Journal of European Tort Law
JF - Journal of European Tort Law
IS - 1
ER -