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The Power of Punitive Damages
Is Europe Missing Out?
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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
Type of product | Book |
---|---|
Format | Paperback |
EAN / ISSN | 9781780680477 |
Series name | Ius Commune Europaeum |
Weight | 940 g |
Status | Available |
Number of pages | xxvi + 533 p. |
Access to exercice | No |
Publisher | Intersentia |
Language | English |
Publication Date | Jan 3, 2012 |
Available on Strada Belgique | No |
Available on Strada Europe | No |
Available on Strada Luxembourg | No |
Downloads
- Table of Contents
- GENERAL INTRODUCTION
- The Punitive Damages Debate in Continental Europe: Food for Thought
Lotte Meurkens - PART I. PUNITIVE DAMAGES FROM A COMMON LAWYER’S PERSPECTIVE
- Understanding and Solving the Multiple Punishments Problem
Jim Gash - Due Process and The Deterrence Rationale for Punitive Damages
Mark Geistfeld - Punitive Damages as Restitution
David G. Owen - The U.S. Supreme Court’s Theory of Common Law Punitive Damages: An Inauspicious Start
Anthony J. Sebok - Punitive Damages Sensu Stricto in Australia
Danuta Mendelson - Punitive Damages in Cypriot Law
Sofia Michaelides Mateou - Reflections on Reforming Punitive Damages in English Law
Jonathan Morgan - 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
Evelien de Kezel - Punitive Damages and German Law
Ulrich Magnus - Punitive Damages in the Competing Reform Drafts of the French Civil Code
Chantal Mahé - Punitive Damages Under Spanish Law: A Subtle Recognition?
Marta Otero Crespo - Punitive Damages: How Do They Look Like When Seen From Abroad?
Marta Requejo Isidro - Punitive Damages and European Law: Quo Vademus?
Cedric Vanleenhove - PART III. SPECIAL THEMES
- Punitive Damages for Certain Categories of Breaches of Contract?
Robert Hardy - Enforcement in Family Law by Means of Private Penalties
Sara Matthé - The Insurability of Punitive Damages Under Belgian Law
Emily Nordin, Daily Wuyts - Punitive Damages for Cartel Infringements: Why Didn’t The Commission Grasp The Opportunity?
Angela Ortega Gonzalez - Some Tentative Thoughts on Punitive Damages in Case of Bad Faith Claim Handling by Insurers
Lodewijk Smeehuijzen - The Law and Economics of Punitive Damages
Louis Visscher - Punitive Damages in the Armoury of Human Rights Arbiters
Vanessa Wilcox - Epilogue
Lotte Meurkens