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Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat
Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat
Robert Cooter
When legal and social norms regulate the same behavior, an act can trigger both legal and non-legal sanctions. Should courts deduct the non-legal sanction suffered by the wrongdoer from damages owed to the victim? We provide the answer for a legal system that seeks to minimize social costs. Non-legal sanctions typically harm the wrongdoer and benefit other people. In principle, courts should avoid over-deterring wrongdoers by deducting the benefit of the non-legal sanction from compensatory damages. In practice, instead of deducting the benefit of the non-legal sanction to other people, courts should deduct the burden on the wrongdoer. Deducting the …
Fairness, Character, And Efficiency In Firms , Robert D. Cooter, Melvin A. Eisenberg
Fairness, Character, And Efficiency In Firms , Robert D. Cooter, Melvin A. Eisenberg
Robert Cooter
No abstract provided.