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The Power of Punitive Damages

Is Europe Missing Out?

Book | 1st edition 2012 | Europe | Lotte Meurkens, Emily Nordin

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

Technical info
More Information
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 Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • The Punitive Damages Debate in Continental Europe: Food for Thought
  • Understanding and Solving the Multiple Punishments Problem
  • Due Process and The Deterrence Rationale for Punitive Damages
  • Punitive Damages as Restitution
  • The U.S. Supreme Court’s Theory of Common Law Punitive Damages: An Inauspicious Start
  • Punitive Damages Sensu Stricto in Australia
  • Punitive Damages in Cypriot Law
  • Reflections on Reforming Punitive Damages in English Law
  • The Protection and Enforcement of Private Interests by (the Recognition of U.S.) Punitive Damages in Belgium: Limits and Opportunities
  • Punitive Damages and German Law
  • Punitive Damages in the Competing Reform Drafts of the French Civil Code
  • Punitive Damages Under Spanish Law: A Subtle Recognition?
  • Punitive Damages: How Do They Look Like When Seen From Abroad?
  • Punitive Damages and European Law: Quo Vademus?
  • Punitive Damages for Certain Categories of Breaches of Contract?
  • Enforcement in Family Law by Means of Private Penalties
  • The Insurability of Punitive Damages Under Belgian Law
  • Punitive Damages for Cartel Infringements: Why Didn’t The Commission Grasp The Opportunity?
  • Some Tentative Thoughts on Punitive Damages in Case of Bad Faith Claim Handling by Insurers
  • The Law and Economics of Punitive Damages
  • Punitive Damages in the Armoury of Human Rights Arbiters
  • Epilogue