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Peace: A Public Purpose For Punitive Damages?, Symposium: Punitive Damages, Due Process, And Deterrence: The Debate After Philip Morris V. Williams, Christopher J. Robinette
Peace: A Public Purpose For Punitive Damages?, Symposium: Punitive Damages, Due Process, And Deterrence: The Debate After Philip Morris V. Williams, Christopher J. Robinette
Christopher J Robinette
There is widespread agreement that tort (and criminal) law developed historically as an alternative to violence. Given that pedigree, it is not surprising that preserving the peace would be pursued as a goal of punitive damages, as is claimed in several cases and law review articles. The precise relationship between peace and punitive damages is left relatively vague. However, a recent article by Professor Anthony Sebok can be used to fill in the details.
Professor Sebok constructs a private-law theory of punitive damages that emphasizes two features. First, punitive damages are awarded for violations of only a certain kind of …