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Should the "ancient rule" of punitive damages, which authorizes
juries to award private fines in civil cases, be abandoned or
"maintained" by supplying "new reasons more fitted to the time"?
That is the central question underlying this Symposium, and the
current debate concerning punitive damages. The answer, I submit,
turns on what purposes we want the private tort law system to
serve, a subject which is itself in flux and much debated.
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