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The Journal of Law, Economics, and Organization V18 I1
© 2002 Oxford University Press

Original Article

Integrating Punishment and Efficiency Concerns in Punitive Damages for Reckless Disregard of Risks to Others

Peter Diamond

Massachusetts Institute of Technology

Abstract

Justifications for the use of punitive damages refer to deterrence and punishment. After formulating a social welfare function that incorporates both economic efficiency and a desire for retribution, optimal punitive damages are considered to balance concerns for economic efficiency and for retribution. This optimal balancing is considered where compensatory damages alone provide the correct level of deterrence, allowing the ideal retribution to vary with the level of wealth and with the level of precaution. The analysis is extended to situations where some accidents do not result in liability.


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