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The roots of punitive damages at common law: a longer history

Taliadoros, Jason 2016, The roots of punitive damages at common law: a longer history, Cleveland State law review, vol. 64, no. 2, pp. 251-302.

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Title The roots of punitive damages at common law: a longer history
Author(s) Taliadoros, JasonORCID iD for Taliadoros, Jason orcid.org/0000-0003-4544-8717
Journal name Cleveland State law review
Volume number 64
Issue number 2
Start page 251
End page 302
Total pages 52
Publisher Cleveland-Marshall College of Law, Cleveland State University
Place of publication Cleveland, Oh.
Publication date 2016
ISSN 0009-8876
Keyword(s) legal history
punitive damages
exemplary damages
torts
Summary This Article aims to revisit the historical development of the doctrine ofexemplary or punitive damages. Punitive damages are anomalous in that they lie in both tort and crime, a matter that has led to much criticism by modern commentators. Yet, a definitive history of punitive damages does not exist to explain this anomaly. The main contribution of this Article, then, is to begin such a history by way of a meta-narrative. It identifies and links the historically significant moments that led to punitive damages, beginning with the background period of classical Roman law, its renewed reception in Western Europe in the twelfth and thirteenth centuries that coincided with the emergence of the English common law,the English statutes of the late thirteenth century, to the court cases of Wilkes v. Wood and Huckle v. Money in the eighteenth century that heralded the "first explicit articulation" of the legal principle of punitive damages. This Article argues that this history is not linear in nature but historically contingent. This is a corrective to present scholarship, which fails to adequately connect or contextualize these historical moments, or over-simplifies this development over time.
Language eng
Field of Research 180119 Law and Society
1801 Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Cleveland State University
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30087615

Document type: Journal Article
Collections: Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.