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Torts and Retribution : The Case for Punitive Damages
Torts and Retribution : The Case for Punitive Damages
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Author(s): Martínez Alles, María Guadalupe
ISBN No.: 9781009567916
Pages: 330
Year: 202508
Format: Trade Paper
Price: $ 68.49
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

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.


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Browse Subject Headings