Do Punitive Damages Compensate Society?

Authors

Michael B. Kelly

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Remedies Discussion Forum

Abstract

This Article focuses on the concept that punitive damages can be justified as a substitute for compensatory damages for harms caused by the defendant to persons other than the plaintiff. The author concludes that punitive damages are a poor device for redressing harms caused to persons not a party to the action. Once punitive damages seek to address concerns beyond the plaintiff and the defendant, they raise a series of problems that defy rationalization. This article urges that we not take punitive damages as so great a good that we run roughshod over dues process in our zeal to preserve them.

Recommended Citation

Michael B. Kelly, Do Punitive Damages Compensate Society?, 41 San Diego L. Rev. 1429 (2004).
Available at: https://digital.sandiego.edu/sdlr/vol41/iss4/4