from Part IV - Why Tort Law
Published online by Cambridge University Press: 09 August 2025
This chapter argues that the capacity of the tort process to generate other-regarding meaning and institutional knowledge is a compelling reason to maintain the institution and endeavor for its improvement. Tort lawsuits provide a means for developing and articulating collective standards of conduct. Punitive lawsuits themselves are apt examples of a meaning-producing institution because they embrace the values that are embodied in the condemnatory legal message and thus give collective backing to the message the victim wishes to convey: the wrongdoer is not somehow worth more than the victim and is not entitled to treat the victim in a manner that diminishes her relative value. Punitive lawsuits persuasively illustrate how tort responses are able to capture the moral significance of the wrongdoing in a way that communicates the situated meaning of the impact of reprehensible wrongs on the victims and their complex motivations for resorting to tort law and its procedure for private redress. Ultimately, punitive lawsuits are not isolated instances of tort litigation that take place in a vacuum – quite the opposite. Most frequently, they are better understood as occurring in articulation with and as complements to the actions of other relevant institutional actors in our democratic societies.
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