Punitive Damages: Unveiling the Dual Aspect of Civil Punishment
Punitive damages serve two purposes: punishing wrongdoers and compensating victims. The theory proposed in the article suggests that when punitive damages focus on compensating victims, they should not face heightened scrutiny. However, when the state is primarily punishing the wrongdoer, excessive punitive damages should be closely examined. This theory helps clarify the role of punitive damages in civil law and explains why they are subject to special constitutional scrutiny.