Punitive damages for societal wrongs deemed unconstitutional, historical roots challenged.
Punitive damages in tort cases are meant to punish a defendant for causing harm. However, giving multiple victims full punitive damages for the same wrongful conduct can lead to unfair punishment. The article argues that historically, punitive damages were meant to punish the individual harm done to each victim, not societal wrongs. The solution proposed is to limit punitive damages to the harm caused to each individual victim, rather than awarding full damages for societal wrongs.