Punitive Damages - A Modern Conundrum of Ancient Origin

Izhak Englard*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

2 Scopus citations

Abstract

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.

Original languageEnglish
Pages (from-to)1-20
Number of pages20
JournalJournal of European Tort Law
Volume3
Issue number1
DOIs
StatePublished - 11 Apr 2012

Bibliographical note

Publisher Copyright:
© 2012 By Walter the gruyter GmbH & Co.

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