This chapter describes the law of remedies, which has an independent and relatively coherent existence. It is available to be cross-referenced by the substantive law. This characteristic of remedies as a relatively cohesive body of law, which can be accessed by other bodies of law, is not unusual but is rather an aspect of law’s systematicity. The chapter then outlines the remedies available in private law in the United States. It looks at several themes that are developed in the New Private Law, including the systematicity of law, the distinctiveness of private law, the use of internal and external perspectives on the law, the centrality of the judicial process in the award of a remedy, and the continuing significance of the law of equity. The chapter also considers the competing rationales offered for private law remedies, emphasizing as primary that the defendant is restoring the plaintiff to the plaintiff’s rightful position. It also sketches how contract and tort achieve that goal, primarily through the development of measures and limiting principles. Moreover, the chapter introduces the panoply of remedies offered by equity, such as the injunction, specific performance, equitable rescission, accounting, and constructive trust. Finally, it introduces anomalies: statutory damages, punitive damages, and declaratory judgments.
Punitive Damages and the Place of Punishment in Private Law
