Skip to main content Accessibility help
×
Hostname: page-component-54dcc4c588-ff9ft Total loading time: 0 Render date: 2025-09-11T08:35:28.166Z Has data issue: false hasContentIssue false

10 - The Significance of the Tort Process

from Part IV - Why Tort Law

Published online by Cambridge University Press:  09 August 2025

María Guadalupe Martínez Alles
Affiliation:
University of Denver
Get access

Summary

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.

Information

Type
Chapter
Information
Torts and Retribution
The Case for Punitive Damages
, pp. 250 - 264
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
×