Wrongs

2019 ◽  
pp. 177-222
Author(s):  
Stephen A. Smith
Keyword(s):  
Market Price ◽  
Criminal Punishment ◽  
Continuity Thesis ◽  
Opposite Conclusion ◽  
Pain And Suffering ◽  
Compensatory Damages

Chapter 7 examines remedies issued in response to wrongs. Some writers assume that all remedies are responses to wrong; others argue for the opposite conclusion. This chapter defends a mid-way position, arguing that some (but only some) damages awards are wrong-responding, specifically: nominal damages, exemplary damages, pain and suffering damages, and a variety of awards that are described compendiously as ‘vindicatory’ damages (and individually as user damages, waiver damages, market-price damages, non-pecuniary damages, and gain-based damages). Importantly, ordinary compensatory damages are not responses to wrongs. In defending this position, Chapter 7 rejects the ‘continuity thesis’ and, more generally, the idea of a substantive duty to pay damages. The chapter also explains the distinctive characteristics of wrong-based remedies, arguing that there is no natural or logical remedial response to a wrong (and, therefore, that, like criminal punishment, the sums awarded under this heading are determined by choice and convention).

Punitive Damages Awards in Civil Litigation; Effects of Profit Information and Amount of Pain and Suffering Award

2002 ◽  
Vol 46 (10) ◽  
pp. 880-884 ◽  
Author(s):  
Kenneth R. Laughery ◽  
Danielle L. Paige ◽  
Michael S. Wogalter ◽  
Richard N. Bean
Keyword(s):  
Punitive Damage ◽  
Civil Litigation ◽  
Punitive Damages ◽  
Damage Awards ◽  
A Value ◽  
Pain And Suffering ◽  
The Law ◽  
Compensatory Damages ◽  
Judicial Procedures ◽  
Jury Decisions

A study addressing jury decisions regarding punitive damages awards in civil litigation was carried out. Two issues explored were the feet that jurors typically do not have a good metric for assigning a value to such damages and the concept of “leakage.” The latter concept refers to decisions regarding compensatory damages and punitive damages influencing each other; in the law they are supposed to be independent. Forty-two participants were given three scenarios describing accidents, injuries, liability outcomes, and the amounts of economic and non-economic (pain and suffering) awards. Their task was to decide on punitive damages awards. Two variables manipulated in the scenarios were the presence or absence of defendant profit information and the amount (high or low) of the pain and suffering award. Results indicated the main effects of the two variables were not statistically significant. A significant interaction between the profit-information and pain-and-suffering-amount variables indicated that when profit infonnation was available, low pain and suffering awards led to higher punitive damage awards. When profit information was not available, high pain and suffering awards led to higher punitive damage awards. The results indicate that decisions regarding compensatory and punitive damages are not independent as the law intends; an outcome that may be due, at least in part, to the uncertainty associated with these types of decisions. These findings have implications for judicial procedures, particularly jury instructions.

Clinical Update: Pain and Suffering

2003 ◽  
Vol 8 (1) ◽  
pp. 5-5
Author(s):  
Sheila Wendler
Keyword(s):  
Subjective Experience ◽  
Personal Injury ◽  
Treatment Interventions ◽  
Medical Expenses ◽  
Affective Component ◽  
Pain Behaviors ◽  
The Social ◽  
Patient’S Experience ◽  
Pain And Suffering ◽  
And Training

Abstract Attorneys use the term pain and suffering to indicate the subjective, intangible effects of an individual's injury, and plaintiffs may seek compensation for “pain and suffering” as part of a personal injury case although it is not usually an element of a workers’ compensation case. The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, provides guidance for rating pain qualitatively or quantitatively in certain cases, but, because of the subjectivity and privateness of the patient's experience, the AMA Guides offers no quantitative approach to assessing “pain and suffering.” The AMA Guides also cautions that confounders of pain behaviors and perception of pain include beliefs, expectations, rewards, attention, and training. “Pain and suffering” is challenging for all parties to value, particularly in terms of financial damages, and using an individual's medical expenses as an indicator of “pain and suffering” simply encourages excessive diagnostic and treatment interventions. The affective component, ie, the uniqueness of this subjective experience, makes it difficult for others, including evaluators, to grasp its meaning. Experienced evaluators recognize that a myriad of factors play a role in the experience of suffering associated with pain, including its intensity and location, the individual's ability to conceptualize pain, the meaning ascribed to pain, the accompanying injury or illness, and the social understanding of suffering.

Replication of Experiments Evaluating Impact of Psychological Distance on Moral Judgment

2014 ◽  
Vol 45 (3) ◽  
pp. 223-231 ◽  
Author(s):  
Iris L. Žeželj ◽  
Biljana R. Jokić
Keyword(s):  
Moral Judgment ◽  
Social Distance ◽  
Psychological Distance ◽  
Temporal Distance ◽  
Construal Level ◽  
Systematic Effect ◽  
Replication Studies ◽  
Opposite Conclusion ◽  
Moral Transgressions ◽  
Replication Of Experiments

Eyal, Liberman, and Trope (2008) established that people judged moral transgressions more harshly and virtuous acts more positively when the acts were psychologically distant than close. In a series of conceptual and direct replications, Gong and Medin (2012) came to the opposite conclusion. Attempting to resolve these inconsistencies, we conducted four high-powered replication studies in which we varied temporal distance (Studies 1 and 3), social distance (Study 2) or construal level (Study 4), and registered their impact on moral judgment. We found no systematic effect of temporal distance, the effect of social distance consistent with Eyal et al., and the reversed effect of direct construal level manipulation, consistent with Gong and Medin. Possible explanations for the incompatible results are discussed.

Pain and Suffering

1969 ◽  
Vol 14 (2) ◽  
pp. 100-101
Author(s):  
RICHARD A. STERNBACH
Keyword(s):  
Pain And Suffering

For the Pain and Suffering Caused, We Say, “Sorry”

PsycCRITIQUES ◽  
2009 ◽  
Vol 54 (18) ◽  
Author(s):  
Catherine Scott
Keyword(s):  
Pain And Suffering

Measures Used to Establish Pain and Suffering

1999 ◽  
Author(s):  
M. T. Boccaccini ◽  
S. L. Brodsky
Keyword(s):  
Pain And Suffering

PENGARUH IT SPENDING TERHADAP KINERJA PERUSAHAAN PADA PERUSAHAAN TELEKOMUNIKASI YANG TERDAFTAR DI BURSA EFEK SELURUH ASIA TENGGARA PADA TAHUN 2009-2011

MODUS ◽  
2016 ◽  
Vol 26 (2) ◽  
pp. 93
Author(s):  
Irene Adrayani
Keyword(s):  
Stock Price ◽  
Sampling Method ◽  
Capital Expenditure ◽  
Stock Exchange ◽  
Market Price ◽  
Market Value ◽  
Company Performance ◽  
Corporate Value ◽  
Accounting Information System ◽  
Company Value

This study aims to get empirical evidence about the infuence of IT spending on corporate value by testing the efect of IT spending on corporate value by using Tobin’s Q. Te higher the stock price, the higher the company value as well as investors’ assessment. The market price of the company’s stocks refects investors’ assessment of the overall equity held. Of the stock price refects investor can provide an assessment of a company. Tobin’s Q is the ratio of the market value of the company’s assets as measured by the market value of the outstanding stocks and debt (enterprise value) to the replacement cost of the assets of the company. The sampling method is based on purposive sampling method with the purpose to obtain a sample that meets the criteria. Tis study used a sample taken from a telecommunications company listed on the Stock Exchange throughout Southeast Asia during the period of 2009-2011. The hypothesis in this study was tested using simple regression. Based on data analysis, the result that the variable IT spending does not afect the company value.Keywords: accounting information system, Tobin’s Q, IT spending, capital expenditure, company performance

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