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Civil Wrongs and Justice in Private Law$
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Paul B. Miller and John Oberdiek

Print publication date: 2020

Print ISBN-13: 9780190865269

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780190865269.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 June 2021

Tort Remedies as Meaningful Responses to Wrongdoing

Tort Remedies as Meaningful Responses to Wrongdoing

(p.231) 11 Tort Remedies as Meaningful Responses to Wrongdoing
Civil Wrongs and Justice in Private Law

María Guadalupe Martínez Alles

Oxford University Press

This chapter argues that tort theorists’ conception of tort remedies is belied by several considerations. The first is that compensatory remedies are usually inadequate as compensation for the setbacks suffered by victims, which implies that they do a poor job of correcting for wrongs. The second is the routine practice of awarding extra-compensatory remedies that either are punitive or have punitive elements. According to this chapter, while sometimes tort law’s remedial responses to wrongs reflect the purely private interests of the victim, it is also important to recognize that they sometimes reflect matters of public interest, too. For these reasons, the chapter argues that one should replace the narrow conceptualization of tort remedies as “private responses” to injurious wrongs and replace it with a wider conceptualization of remedies as “substantive responses” to many-faceted wrongs.

Keywords:   tort remedies, compensation, compensatory remedies, extra-compensatory remedies, private interest, public interest

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