Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
INTRODUCTION 1. Punishment and Private Law Wayne Courtney, National University of Singapore, and James Goudkamp, University of Oxford, UK PART II HISTORY, THEORY AND CONCEPTS 2. Punishment in Private Law – No Such Thing (Any More) Kit Barker, University of Queensland, Australia 3. Punishment and Private Law: Some Comparative Observations Solène Rowan, Australian National University 4. Privacy, Punishment and Private Law Andrew Roberts, Melbourne Law School, Australia, and Megan Richardson, Melbourne Law School, Australia 5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries James Penner, National University of Singapore 6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation David Rolph, Sydney Law School, Australia PART III PUNITIVE DAMAGES 7. Punitive Damages Transformed into Societal Damages Catherine M Sharkey, New York University, USA 8. Punitive Damages: Ten Misconceptions James Goudkamp, University of Oxford, UK, and Eleni Katsampouka, University of Oxford, UK 9. Exemplary Damages in Contract Law Katy Barnett, Melbourne Law School, Australia 10. Effecting Deterrence through Proportionate Punishment: An Assessment of Statutory and General Law Principles Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia 11. Vicarious Punishment: Vicarious Liability for Exemplary Damages? Phillip Morgan, University of York, UK PART IV LIMITING PUNISHMENT 12. Agreed Punishment Wayne Courtney, National University of Singapore 13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia Nicholas A Tiverios, University of Western Australia, and Ben McFarlane, University of Oxford, UK 14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly Mimi Zou, University of Reading, UK, and Hin Liu, University of Oxford, UK PART V CONCLUSION 15. Punishment and Private Law: Future Themes and Perspectives Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia
Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School. Wayne Courtney is Professor of Law at the National University of Singapore. James Goudkamp is Professor of the Law of Obligations at the University of Oxford. Jeannie Marie Paterson is Professor of Law at Melbourne Law School.
Reviews for Punishment and Private Law
The book … is filled with brilliant insights and stimulating points. -- Giuseppe Portonera * European Review of Private Law * The book is a great contribution to the literature on private law remedies and will no doubt be read by everyone with an interest in the field. -- Kate de Contreras, King’s College London * Journal of Professional Negligence *
