Full Description
Torts and Retribution is the first work of its kind to offer a comprehensive analytical retributive framework for punitive damages across legal jurisdictions. It expands the scope of tort theory by unchaining it from the canonically exclusive perspective of the defendant by integrating the long-overlooked perspective of victims of reprehensible wrongdoing seeking punitive awards. Its cross-disciplinary approach brings to tort theory insights from empirical research on social cognition and theoretical debates over the retributive justifications for the imposition of punishment under a conceptual framework coined Relational Retribution. This framework suits both the bilateral structure of tort law and the proactive role allocated to the victim in tort litigation. By recognizing the fundamental connection between the defendant and the plaintiff, Relational Retribution focuses both on punishment as the imposition of a deserved sanction and on the significance of the wrongdoing for the victims and their demand for denunciation and value affirmation.
Contents
Introduction: tort law punishes; I. The Place of Punishment in Torts: 1. Punishment is part of tort law; 2. Punishment in tort theory; II. The Retributive Rationale: 3. The punitive puzzle: shifting away from deterrence; 4. Relational retribution; 5. Overcoming compensatory reductionism; III. Retribution in the Mass-Market Setting: 6. Understanding the collective context of wrongdoing; 7. Punitive damages as retributive sanctions for violations of societal trust; 8. Product liability, risk regulation and new technologies; IV. Why Tort Law: 9. The significance of the tort victim; 10. The significance of the tort process; Conclusion: reconciling torts and retribution.
