“Damages are designed, not only as a satisfaction to the injured person, but likewise as a punishment to the guilty, to deter from any such proceeding for the future, and as a proof of the detestation of the jury to the action itself.”[1] This assertion is emblematic of the importance of, and the policies underlying, the remedy of legal damages by implicating both the economic and the corrective justice theories of damages.[2] The economic analysis of damages posits that damages are intended to deter misconduct by imposing a monetary penalty upon the defendant.[3] The corrective justice analysis states that it is not the defendant’s payment that is paramount, but the vindication of the plaintiff’s rights and making the plaintiff whole so far as money can.[4]Continue reading →
LLR Lagniappe:
The Online Companion of the Louisiana Law Review
The LLR Lagniappe, formerly known as the “Digital Digest,” is the official blog of the Louisiana Law Review.
The LLR Lagniappe features short commentaries of legal developments in Louisiana and across the country. Our blog seeks to harness valuable scholarly insight that may otherwise not fit within the traditional limitations of the printed Louisiana Law Review.
The LLR Lagniappe is currently limited to Law Review members, legal practitioners, and faculty members. Submissions from these sources are reviewed by the Board and accepted for publication subject to the Board's discretion. If you would like to write for the LLR Lagniappe, please contact Maggie Sternberg at mstern6@lsu.edu.
The LLR Lagniappe is managed by the Online Editor and the Editorial Board of the Louisiana Law Review at the Paul M. Hebert Law Center.
