from Part IV - Why Tort Law
Published online by Cambridge University Press: 09 August 2025
This chapter offers a fresh reconstruction of the (legal) power to act punitively in torts that is respectful of the wrongdoer–victim perspective and, more particularly, to the substantive content of the victim’s punitive responses to categories of reprehensible wrongdoing. It challenges the assumption that criminal law and the criminal procedure are the exclusively valid institutional venues for the imposition of punishment by suggesting that Relational Retribution be a viable and valuable mode of institutional moral communication between the private parties that is proper of the role of the victim in tort law and its bilateral structure. It recognizes the special position of the victim herself to personally provide sufficient reasons for the court to exercise its power and impose a punitive sanction on the reprehensible wrongdoer. Ultimately, the idea underlying this chapter is that, if we care about individuals’ ability to engage meaningfully with their peers, we should ensure the availability of legitimate, official channels for institutional expression, one that tort lawsuits provide.
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