from Part I - The Place of Punishment in Torts
Published online by Cambridge University Press: 09 August 2025
This chapter begins by acknowledging punitive damages’ status as the paradigmatic proof of punishment’s place in the law of torts. A brief overview of current punitive damages practices around the world first shows that the place of punishment in tort law is no longer debated only by common law scholars. Then a detailed description of the understanding, scholarly treatment, and judicial availability of punitive damages focuses on two major common law jurisdictions (England and the United States) and various civil law legal traditions (mainly Latin America and Continental Europe). This map of the unique contours and idiosyncratic features of the scholarly debates and judicial availability of punitive damages of those jurisdictions reveals a common pattern that begs further inquiry: in most jurisdictions, the tendency is to frame the debate around the place of punishment in tort law such that the root problem becomes finding a way to circumvent the fundamental punitive quest instead of addressing it head-on.
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