TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, July 17, 2009

Punitive Damages: Common Law and Civil Law Perspectives

Yesterday the Institute for European Tort Law (of which Ken Oliphant is director) and the European Centre of Tort and Insurance Law published their new book:  Punitive Damages: Common Law and Civil Law Perspectives; Tort & Insurance Law, vol. 25 (Helmut Koziol  Vanessa Wilcox, eds.).  From the blurb: 

With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general.

This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It also benefits from special reports on insurance, law and economics, private international law and aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered.

Order details, for those interested, can be found here:

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