Bibliographic record
Abstract
The availability of punitive damages has long been recognized in common law jurisdictions including the United States, New Zealand, Canada and Australia. They are not intended to compensate for harm done but are awarded in excess of any compensatory or nominal damages. Compensatory damages on the other hand provide reparation both for economic (e.g. medical costs) and for non-economic losses (e.g. pain and suffering). Punitive damages essentially serve four purposes: to punish the offender for uncivilized conduct, to deter the offender and others from similar conduct, to reward the plaintiff for enforcing the law and to supplement inadequate compensatory damages. Although punitive damages are not intended to compensate the plaintiff, the plaintiff will in fact receive all or some portion of the punitive damages award. Punitive damages are typically limited to tort actions where the defendant has engaged in exceptionally objectionable conduct and are consequently rarely awarded for breach of contract. In the European Union only the common law countries England, Wales, Ireland, Northern Ireland and the mixed system of Cyprus provide for this specific kind of damages in their respective legal systems. The availability of punitive damages however is by no means without constraints. England for example restricts exemplary damages (as they are called there) to three specific circumstances. In continental Europe and in other civil law countries across the globe the concept of punitive damages is scarcely recognized in law. Generally, punitive damages are considered to be a penal sanction.The indemnification obligation of civil law systems primarily has a compensatory purpose, i.e. restoring the injured party’s former situation. The laws of the Continental European countries do not aim to punish the tortfeasor through damages but rather serve to compensate the victim for the damage sustained. As Europe consists of both civil and common law orientated countries, it is interesting to examine the position which European law takes on punitive damages. This article will try to establish that punitive damages do not – perhaps yet – play a significant role in European law. The author shares Koziol’s view that Community law is inconsistent in reflecting the contrast between common law and continental civil law in Europe.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.013 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.005 | 0.028 |
| Scholarly communication | 0.015 | 0.013 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.013 | 0.009 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".