Punitive Damages as Societal Damages

Abstract

for providing positive feedback, skepticism, and criticism in conversations and comments on previous drafts. Finally, I thank Daphna Renan and The Yale Law Journal editors for editorial assistance and the Reference Librarians at Columbia Law School for their tremendous effort at gathering source materials. Notwithstanding such a tremendous array of critical input, all errors remain my own.

The Effects of Seeking Punitive Damages on the Processing of Tort Claims

“…The theoretical purposes of punitive damages are to punish and deter wrongdoing (Dobbs 2000). Sharkey (2003) advances an alternative rationale for punitive damages and argues that punitive damages serve a beneficial role to compensate for "societal damages," that is, damages to others directly harmed but not before the court. One body of scholarship maintains that current practices do not advance either of these goals.…”

The Determinants of State‐level Caps on Punitive Damages: Theory and Evidence

“…Biggar (1995) maintains that punitive damages ensure that victims will be fully compensated and hence will not take inefficient avoidance actions. Sharkey (2003) argues that punitive damages benefit victims who are not before the court. In other words, punitive damages compensate for "societal damages."…”

“…Biggar (1995) maintains that punitive damages ensure that victims will be fully compensated and hence will not take inefficient avoidance actions. Sharkey (2003) argues that punitive damages benefit victims who are not before the court. In other words, punitive damages compensate for “societal damages.”Shavell (2004, 245) claims that punitive damages can be justified when wrongdoers obtain illicit utility from their illegal acts (i.e., utility not recognized in the social welfare function).…”

Risk of Death

“…197-198) One exception is punitive damages. See Sharkey (2003). he was exposed to or his ex-post probability of death.…”