Autore
Adar, Yehuda

Titolo
Touring the Punitive Damages Forest: A Proposed Roadmap
Periodico
Osservatorio del diritto civile e commerciale
Anno: 2012 - Fascicolo: 2 - Pagina iniziale: 275 - Pagina finale: 322

Punitive damages have for years been one of the most hotly debated legal topicsaround the common law world. In recent years, however, the interest in this subject seems tobe shared increasingly by continental scholars. The scholarly literature on punitive damagesis immense. It covers almost every aspect of the punitive damages phenomenon, from almostevery angle (doctrinal, conceptual, philosophical, political, economic, historical, empirical,constitutional, and comparative). Surprisingly, however, there has been little academic effortto systematically organize the punitive damages field. What seems to be especially lacking isa roadmap which would be able to encapsulate the various aspects of the problem and to demonstratethe connection - or lack thereof - between these aspects. In this article, the authoraims to offer the reader such a roadmap. The starting point is the author's claim that formingan opinion on whether or not a doctrine of punitive damages may ever be justified and, if so,in which form, requires the posing and answering of a series of interrelated - but distinct -questions. The present article is an endeavor to present these questions and to discuss possibleanswers to them. It thus offers both continental and common law lawyers a draft roadmap,which might be of assistance to anyone willing to become more acquainted with, and moreinvolved in, the punitive damages debate.



SICI: 2281-2628(2012)2<275:TTPDFA>2.0.ZU;2-F
Testo completo: http://www.rivisteweb.it/download/article/10.4478/72692
Testo completo alternativo: http://www.rivisteweb.it/doi/10.4478/72692

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