Re: Punitive damages
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Should be just like a fine and go to the gubmint.
A plantiff should be made whole - actual loss, pain and suffering, opportunity cost, having to wear a suit to court, whatever - but punitive damages shouldn't go to the plantiff.
Not really important whether some ancient tradition set tort or civil law apart from criminal law in this case.
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See Benman above:
If you go with the tort law system, however, it is essential that the plaintiff's lawyers and the plaintiffs get at least some of the award above and beyond actual damages (medical + pain and suffering). If not, there is no incentive for the lawyer and plaintiff to play their proper role in this system of regulation.
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