from Part II - The Retributive Rationale
Published online by Cambridge University Press: 09 August 2025
This chapter drills deeply into the compelling reconstruction that equates the purpose of punitive damages with “retribution and deterrence.” It articulates a justificatory account of the retributive character of punitive damages that responds to the relational significance of the role the victim plays in expressing condemnation and to the importance of maintaining institutional modes of moral communication for value affirmation between the private parties involved in tortious situations. The main argument is that retribution in torts is relational. Relational Retribution offers a holistic account of retribution that recognizes the necessary interconnection between the reprehensible character of the defendant’s conduct as deserving of punishment and the rich correlative retributive motivations of the victim of seriously disrespectful actions seeking the imposition of the punitive award. This relational approach transcends the unilateral focus on the reprehensibility of the defendant’s behavior and the notion of “just deserts” for the imposition of a monetary sanction. Alternative motives for retribution such as “denunciation” and “value affirmation” often more accurately explain the victim’s resolve. Because of the centrality of proportionality in any retributive theory of punishment, the chapter ends by sketching out the principle of sanction proportionality under the framework of Relational Retribution.
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