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portada Torts and Retribution. The Case for Punitive Damages
Type
Physical Book
Publisher
Author
Year
2025
Language
English
Pages
314
Format
Paperback
Dimensions
15.10 x 22.90 x 1.90 cm
ISBN13
9781009567916

Torts and Retribution. The Case for Punitive Damages

Maria Guadalupe Martinez Alles (Author) · Cambridge University Press · Paperback

Torts and Retribution. The Case for Punitive Damages - Maria Guadalupe Martinez Alles

New Book Imported to South Africa
Delivery: 16 Jun - 08 Jul Shipping: 2 to 2 business days.
R 997.50
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Synopsis "Torts and Retribution. The Case for Punitive Damages"


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\nThe in-depth account of the common-law practice created by this book's retributive framework and the density of the literature cited make its contribution to tort theory of interest to legal scholars, practitioners, lawmakers, and judges in countries outside the common-law tradition considering adopting punitive damages in their legal systems.
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\nTorts 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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