Torts and Retribution - The Case for Punitive Damages

The in-depth account of the common-law practice created by this book's retributive framework and the density of the literature cited make its contribution to tort theory of interest to legal scholars, practitioners, lawmakers, and judges in countries outside the common-law tradition considering adopting punitive damages in their legal systems.

List of 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.

About the author

María Guadalupe Martínez Alles is a professor in the Faculty of Law, IE University. She holds an LLB from the National University of Córdoba and LLM and JSD degrees from Yale Law School.

Product details

• Authors: Maria Guadalupe (Ie University) Martinez Alles, María Guadalupe Martínez Alles
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Release: 31.05.2025, delayed
• EAN: 9781009567916
• ISBN: 978-1-0-0956791-6
• No. of pages: 330
• Subjects: Social sciences, law, business > Law > General, dictionaries; LAW / Torts, Private or civil law: general, Jurisprudence and general issues, Methods, theory and philosophy of law, Private / Civil law: general works, Law of torts, damages and compensation, Torts / Delicts