Master of Arts (MA)
First Committee Member
Number of Pages
This thesis addresses the punitive damages reform issue of whether or not the plaintiff should receive the award. Reformers argue the purposes of punitive damages would be better served with other distribution options; and prioritized societal gains, above the gains of the plaintiff. The various purposes of punitive damages show that receipt by the plaintiff is in accordance with original intentions of punitive damages and serves justice. The historical and modern purposes of punitive damages such as vengeance satisfaction, redeeming honor, repairing insult, and supporting 'private attorneys general,' are maintained by the plaintiff receiving damages. These purposes provide an important incentive to the plaintiff to pursue litigation. Incentive for this pursuit mitigates the inherent burden placed upon the plaintiff and serves justice since the plaintiff is procedurally the "least advantaged" participant. Therefore, the status quo should be maintained to provide incentive and to ensure justice in civil law.
Damages; Justifying; Plaintiff; Punitive; Receipt
Law; Political science; Philosophy
University of Nevada, Las Vegas
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Moschella, Marlisa, "Justifying the plaintiff's receipt of punitive damages" (2005). UNLV Retrospective Theses & Dissertations. 1843.