Skip to main content Accessibility help
×
Hostname: page-component-54dcc4c588-9xpg2 Total loading time: 0 Render date: 2025-09-11T08:11:21.152Z Has data issue: false hasContentIssue false

2 - Punishment in Tort Theory

from Part I - The Place of Punishment in Torts

Published online by Cambridge University Press:  09 August 2025

María Guadalupe Martínez Alles
Affiliation:
University of Denver
Get access

Summary

The perceived threat of punitive elements in tort law to the long-standing distinction between private and public law is so powerful that tort theorists have generally responded by depicting punishment as an anomaly. They have corseted punishment within tort law’s rectificatory framework, equated punishment with deterrence, and squeezed the victim’s standing to demand punishment into a legal power for private redress. This chapter takes a close look at these guarded reactions from tort theorists to the question of punishment and how they explain not only the scarcity of theoretical reflection on the place of retribution in tort law but, additionally, the unsuitability of those theoretical reconstructions for a productive delineation and justification for the punitive, compensatory, and deterrent dimensions of the law of torts. The chapter ultimately argues that this gap in tort theory should be addressed by seeking a place for punishment in tort law that is neither constrained by the traditional treatment of punishment as an “anomaly,” as “compensation,” nor as a corollary regulatory mechanism whose exclusive aim is “deterrence.”

Information

Type
Chapter
Information
Torts and Retribution
The Case for Punitive Damages
, pp. 50 - 82
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Accessibility standard: WCAG 2.0 AA

The PDF of this book conforms to version 2.0 of the Web Content Accessibility Guidelines (WCAG), ensuring core accessibility principles are addressed and achieves the intermediate (AA) level of WCAG compliance, covering a wider range of accessibility requirements.

Content Navigation

Table of contents navigation
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Index navigation
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.

Reading Order & Textual Equivalents

Single logical reading order
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.

Structural and Technical Features

ARIA roles provided
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×