Omid Eliott Yeganeh (University of Oxford, Faculty of Law; Université Paris-Panthéon-Assas) has posted Tort and Punishment on SSRN. Here is the abstract:
This article charts the relationship between tort liability and punishment. It draws on a conventional understanding of tort enjoined with a systematic account of punishment to argue that the central case of tort liability amounts to punishment. In doing so, the article challenges received wisdom that punishment is a marginal feature of tort law. The article closes by briefly exploring possible implications of its thesis for the treatment of defendants in tort litigation.
Recommended.
