Power of Punitive Damages
Is Europe Missing Out?*
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.
CONTENTS
Preface
Abbreviations
General Introduction
The Punitive Damages Debate in continental Europe: Food for Thgought
Part I. Punitive Damages from a Common Lawyers’s Perspective
Part II. Punitive Damages in Europe
Part III. Special Themes
