The Archives

Everything written by Gabriel A. Weil on law, economics, and more

‘Punitive Damages as Societal Damages,’ by Catherine M. Sharkey

Catherine Sharkey’s “Punitive Damages as Societal Damages” addresses a tension that has been obvious for decades, but usually treated as an annoyance: punitive damages are justified in public-regarding terms—punishment, deterrence, and condemnation—yet delivered through private litigation and typically paid to a single plaintiff. The doctrinal rhetoric often tracks conduct broad in scope, such as systematic ... ‘Punitive Damages as Societal Damages,’ by Catherine M. Sharkey