Private Law Theory

Introduction:
… Part I of this Comment argues that, contrary to the prevailing justification put forth by courts embracing the nonsurvivability rule, posthumous punitive damages do advance general deterrence. Part II offers an alternative explanation for the nonsurvivability rule, one that relies on a psychological understanding of what motivates punishment. Part III concludes with a brief discussion of relevant considerations based on recent Supreme Court cases dealing with punitive damages in the corporate context … (more)

Roseanna Sommers, ‘The Psychology of Punishment and the Puzzle of Why Tortfeasor Death Defeats Liability for Punitive Damages’. Yale Law Journal, Volume 124, 2014-2015, No 4, January-February 2015.

First posted 2015-02-03 05:16:01