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Punitive damages and the place of punishment in private law

Abstract:

It has long been orthodoxy that punitive damages, because they are awarded in order to punish, are an anomalous remedy. So entrenched is this understanding that it has never been seriously challenged. However, even apparent truisms about the law should be questioned and, accordingly, this article offers a rival account. It contends that the deeply ingrained view that punitive damages are an aberration is a half-truth because several other remedial rules are also aimed, at least in certain cir...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1111/1468-2230.12654

Authors


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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Keble College
Role:
Author
Publisher:
Wiley
Journal:
Modern Law Review More from this journal
Volume:
84
Issue:
6
Pages:
1257-1293
Publication date:
2021-08-06
Acceptance date:
2021-05-05
DOI:
EISSN:
1468-2230
ISSN:
0026-7961
Language:
English
Keywords:
Pubs id:
1182901
Local pid:
pubs:1182901
Deposit date:
2021-06-20

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