ABSTRACT
This article charts the relationship between tort liability and punishment. It draws on a conventional understanding of tort enjoined with a systematic account of punishment to argue that the central case of tort liability amounts to punishment. In doing so, the article challenges received wisdom that punishment is a marginal feature of tort law. The article closes by briefly exploring possible implications of its thesis for the treatment of defendants in tort litigation.
Yeganeh, Omid Eliott, Tort and Punishment (April 15, 2024).
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