Punitive Damages Transformed into Societal Damages
In: Punishment and Private Law (Hart 2021), https://www.bloomsbury.com/uk/punishment-and-private-law-9781509939152/
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In: Punishment and Private Law (Hart 2021), https://www.bloomsbury.com/uk/punishment-and-private-law-9781509939152/
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4 Affection damages4.1 Introduction; 4.2 The draft bill from May 2014; 4.3 An economic perspective on affection damages; 5 Mass damages; 5.1 Introduction; 5.2 Mass litigation from an economic perspective; 5.2.1 Benefits of mass litigation; 5.2.2 Challenges of mass litigation; 5.3 Evaluation of the current Dutch situation; 5.4 Evaluation of the proposed draft bill from July 2014; 6 Words of thanks and closing; REFERENCES.
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The phrase "collateral damage" refers to harm done to persons, animals, or things that agents are not morally permitted to target in the conduct of war, as a side effect of attacks on persons, animals, or things that agents are morally permitted to target in the conduct of war. Call the first category that is, those persons, animals, or things that agents are not morally permitted to target - illegitimate targets of war, and the second category legitimate targets of war. Collateral damage, then, refers to harm done to illegitimate targets of war as a side effect of attacks on legitimate targets of war. As this characterization indicates, a complete response to the question of when, if ever, acts of war that cause collateral damage are morally justifiable must address harm done to private and public property, domestic and wild animals, and the environment. In this essay, however, I will focus solely on harm done to persons who are illegitimate targets of war, as a side effect of attacks on legitimate targets. My reason for doing so is twofold. First, most historical and contemporary discussion focuses on the rightness or wrongness of this particular kind of collateral damage. Second, rightly or wrongly, most people appear to be more concerned with harm done to persons than they are with harm done to animals, the environment, or inanimate objects.
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In: Stanford Law Review, 74 STAN. L. REV. __ (2022 Forthcoming )
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