4 ms·

I’m way out of my area of expertise here, so posting this comment mostly in the hope to solicit someone who is more knowledgeable to expand on it… A commenter

I’m way out of my area of expertise here, so posting this comment mostly in the hope to solicit someone who is more knowledgeable to expand on it… A commenter on a previous post a few months ago pointed out that different countries/legal systems have different approaches that I think they may have referred to as punitive vs restorative? And even in systems with both, certain classes of crimes may only be able to approach sentencing from on of those approaches. Which can mean the outcome is more about making the aggrieved party whole again (with potentially a little extra for the inconvenience). It leaves no room for the kind of very very large outcome that acts as a signal to the defendant and any others to not break this law again.

WalterBright 4y ago
It also sends a signal to unscrupulous people who file baseless lawsuits looking for a jackpot settlement.
savolai 4y ago
I was wondering about this. I'm equally not an expert in law. Are there three classes of punishment: punitive, tort, and restorative? Are punitive and restorative mutually exclusive?
- dsfyu404ed 4y ago
  A tort is a type of lawsuit. "Restorative" damages aren't a thing except maybe in some odd legal jurisdiction (inb4 Louisiana, because the french) or niche subset of law. You have compensatory and punitive damages. They are not mutually exclusive. Compensatory damages are to make the injured party financially whole. Punitive damages are awarded by the court and basically serve as a "don't do this" fine.