Private Law Theory

Introduction:
“… As this article will argue, punishment and deterrence are not, however, the only purposes of punitive damages. When one considers the relationship between tortfeasors, their victims, and society at large, punitive damages take on an additional purpose as a mechanism that remedies societal inequities. This function, referred to as the social equality function throughout this article, argues that punitive damages should serve as a device that not only punishes and deters defendants but also provides a remedy that reestablishes the societal equilibrium as it was prior to the defendant’s wrongful conduct …”

Brittan J. Bush. 2012. “The Social Equality Function of Punitive Damages” ExpressO, bepress.com.

First posted 2012-08-14 12:44:34