"Punishment and Private Law" is filled with brilliant and stimulating ideas. Its greatest merit is to explore the question of punishment in private law beyond the somewhat parochial issue of punitive damages. In this review, I argue that private law punishment (i.e., punishment ordered to support the distinctive aims of private law) must remain distinctively recognizable from criminal law punishment.
Portonera, G., Recensione a "Bant, E; Courtney, W; Goudkamp, J; Paterson, J M, Punishment and Private Law Hart Publishing, Oxford (UK) 2021", <<EUROPEAN REVIEW OF PRIVATE LAW>>, 2022; (3):505-516 [https://hdl.handle.net/10807/225530]
Review of Elise Bant – Wayne Courtney – James Goudkamp – Jeannie Marie Paterson (eds.), Punishment and Private Law (Hart 2021)
Portonera, Giuseppe
2022
Abstract
"Punishment and Private Law" is filled with brilliant and stimulating ideas. Its greatest merit is to explore the question of punishment in private law beyond the somewhat parochial issue of punitive damages. In this review, I argue that private law punishment (i.e., punishment ordered to support the distinctive aims of private law) must remain distinctively recognizable from criminal law punishment.
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