Torts and Retribution: The Case for Punitive Damages

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Torts and Retribution: The Case for Punitive Damages

By María Guadalupe Martínez Alles
Cambridge University Press September 2025

Specifications

ISBN-13
9781009567916
Publisher
Cambridge University Press
Publication
September 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Introduction: tort law punishes
I. The Place of Punishment in Torts:
1. Punishment is part of tort law
2. Punishment in tort
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 tests, 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
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