Edited by Mauro Bussani and Anthony J. Sebok
Chapter 15: Tort damages for non-economic losses: personal injury
This chapter focuses on non-pecuniary losses by evaluating possible recovery for pain, loss of pleasure, and the like as real harms in themselves quite apart from any financial consequences these injuries might have. The analysis proceeds in these steps. First, general reasons for awarding non-pecuniary damages at all are discussed. Then, attention is given to subtleties that must be attended to in making comparisons between countries. Following that, persistent issues that arise everywhere in the award of these damages are surfaced; these issues go primarily to concerns about fairness among victims. Next, some theories are offered about why countries might choose to provide very different amounts of non-pecuniary damage awards as compared with other nations. With all of this positioning complete, the chapter finally turns to detailed comparisons among a number of illustrative national legal systems.
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