Torts and retribution : the case for punitive damages / María Guadalupe Martínez Alles.

Format:

Book

Author/Creator:

Martínez Alles, María Guadalupe, 1978- author.

Language:

English

Subjects (All):

Exemplary damages.

Torts.

Lex talionis.

Physical Description:

1 online resource (xiii, 299 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2025.

Summary:

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.

Contents:

The Place of Punishment in Torts

The Retributive Rationale

Retribution in the Mass-Market Setting

Why Tort Law.

Notes:

Title from publisher's bibliographic system (viewed on 08 Aug 2025).

Description based on publisher supplied metadata and other sources.

ISBN:

1-009-56792-6

1-009-56793-4

1-009-56788-8

OCLC:

1543149810