Principles and Functions of Punitive Damages; Or Rather: of Pedagogical Remedies

Abstract

This article explores the principles and functions of punitive damages, more properly understood as pedagogical remedies, highlighting their historical evolution and contemporary application. Based on a conceptual and etymological analysis, the study traces the genealogy of this institution, its roots in the United States and examines the multiple functions of pedagogical remedies: pedagogical, compensatory-moral, equitable-retributive, law enforcement, resilience and dissuasive. The aim is to show how this tool can also be useful in civil law systems, such as Spain and Italy, promoting a more equitable, preventive and transformative approach.