Call for papers Ius Commune workshop 2010: Punitive damages

The 15th Ius Commune congress will take place in Leuven (November 25 and 26, 2010). The theme of the congress’s Liability & Insurance workshop will be punitive damages. In preparation for the workshop we would like to invite you to send in a paper on one of the topics below, or on a topic of your own choice relating to the theme. Some of the papers will be presented during the workshop, others will be made available. Afterwards, papers of outstanding quality will be published in a book.
 
Topics:
  • ‘Why punitive damages?’
  • Private enforcement: an alternative for public enforcement?
  • Punitive damages: problems resulting from the divide between private law and penal law
  • Punitive damages in family law
  • Punitive damages in competition law
  • Punitive damages and administrative law
  • Punitive damages and Human Rights
  • Insurability of Punitive damages: should this be allowed?
  • Insurers behaving wrongfully: punitive damages?
  • Contract law: deliberate breach and punitive damages
  • Naming & shaming: punitive damages
  • Who needs punitive damages anyway? Making a case for punitive damages
  • Are victims really better of with punitive damages (relief, satisfaction, revenge, …)? The victim’s perception.
  • In what legal areas do punitive damages serve a useful function? Intellectual Property Law? Family Law? Property Law? … ?
  • Are there (already existing) alternatives for punitive damages?
  • Examples of punitive damages in legal history? Roman law?
  • Ethical and moral aspects of punitive damages
  • The French legislative proposal on punitive damages
  • Punitive damages other than in money (for example apologies)
  • ‘Debunking the myth’; (fake) horror stories about punitive damages;
  • Who should benefit? The victim? State (victim) funds?
  • A law and economics approach to punitive damages
  • Psychological aspects of punitive damages
  • Et cetera!
 
Papers should be handed in before the 5th of November 2010. Should you have any questions please do not hesitate to contact Ms Lotte Meurkens
 
We are looking forward to your papers!
 
The organising committee:
 
Ivo Giesen  Siewert Lindenbergh Gerrit van Maanen Emily Nordin Lotte Meurkens



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