Punishment in Private Law: No Such Thing (Any More)

This chapter asks whether there is still any such thing as punishment in private law any more. In doing so, it examines the meaning(s) and purposes of the idea of punishment; and the history, meaning and purposes of private law. It concludes that punishment, properly understood as a judicial act and aim in its own right (and not just as an effect of other judicial acts), should be understood narrowly as an act of retributive justice and...