The Power of Punitive Damages

In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes.
Author(s):
Lotte R.C. Meurkens, Emily Nordin
Series:
Ius Commune Europaeum
Volume:
101
book | published | 1st edition
January 2012 | xxvi + 533 pp.

Paperback
€95.-


ISBN 9781780680477


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Details

In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to ‘the Power of Punitive Damages’. In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes. Some of the authors are, because of their legal background, familiar with punitive damages, whereas others are not. Likewise, some take an enthusiastic stance, whereas others remain prudent. The result is a unique collection of thoughts, suggestions and critical questions which takes the European punitive damages debate to the next level. It improves perception of the private law sanction, which is often feared by Europeans, and its common law background, but also gives new insights as regards the question whether European societies are missing out by not adding this powerful penal incentive to the already existing array of private law remedies.


About the book
‘Studies discussing the option of punitive damages in Europe like this one by Lotte Meurkens and Emily Nordin might help to push [academics and courts] n the right direction.’
Ina Ebert in Journal of European Tort Law, 2013, 95

Chapters

Table of Contents (p. 0)

GENERAL INTRODUCTION

The Punitive Damages Debate in Continental Europe: Food for Thought (p. 1)

PART I. PUNITIVE DAMAGES FROM A COMMON LAWYER’S PERSPECTIVE

Understanding and Solving the Multiple Punishments Problem (p. 63)

Due Process and The Deterrence Rationale for Punitive Damages (p. 107)

Punitive Damages as Restitution (p. 119)

The U.S. Supreme Court’s Theory of Common Law Punitive Damages: An Inauspicious Start (p. 133)

Punitive Damages Sensu Stricto in Australia (p. 147)

Punitive Damages in Cypriot Law (p. 165)

Reflections on Reforming Punitive Damages in English Law (p. 183)

PART II. PUNITIVE DAMAGES IN EUROPE

The Protection and Enforcement of Private Interests by (the Recognition of U.S.) Punitive Damages in Belgium: Limits and Opportunities (p. 211)

Punitive Damages and German Law (p. 245)

Punitive Damages in the Competing Reform Drafts of the French Civil Code (p. 261)

Punitive Damages Under Spanish Law: A Subtle Recognition? (p. 283)

Punitive Damages: How Do They Look Like When Seen From Abroad? (p. 311)

Punitive Damages and European Law: Quo Vademus? (p. 337)

PART III. SPECIAL THEMES

Punitive Damages for Certain Categories of Breaches of Contract? (p. 355)

Enforcement in Family Law by Means of Private Penalties (p. 381)

The Insurability of Punitive Damages Under Belgian Law (p. 415)

Punitive Damages for Cartel Infringements: Why Didn’t The Commission Grasp The Opportunity? (p. 437)

Some Tentative Thoughts on Punitive Damages in Case of Bad Faith Claim Handling by Insurers (p. 459)

The Law and Economics of Punitive Damages (p. 471)

Punitive Damages in the Armoury of Human Rights Arbiters (p. 499)

Epilogue (p. 523)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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