IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v4y2007i2p365-399.html
   My bibliography  Save this article

The Judicial Treatment of Noneconomic Compensatory Damages in the 19th Century

Author

Listed:
  • Ronald J. Allen
  • Alexia Brunet

Abstract

Do high verdicts for tort cases containing noneconomic damages have historical precedent? We present the results of our empirical inquiry into the treatment of noneconomic compensatory damages by the courts from 1800–1900. Using 1,175 tort cases from this era, we show that, notwithstanding constant reiteration of jury discretion over damages, courts tightly controlled awards. In fact, no case prior to 1900 permitted a noneconomic compensatory damages award exceeding $450,000 in current dollars. Logistic regression results reveal that an increase in total monetary damages is positively and significantly related to the probability of reversal when noneconomic damages were claimed, and that comparability review decreases the probability of reversal.

Suggested Citation

  • Ronald J. Allen & Alexia Brunet, 2007. "The Judicial Treatment of Noneconomic Compensatory Damages in the 19th Century," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(2), pages 365-399, July.
    • Handle: RePEc:wly:empleg:v:4:y:2007:i:2:p:365-399
    DOI: 10.1111/j.1740-1461.2007.00092.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1740-1461.2007.00092.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1740-1461.2007.00092.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Paula Lorena Mora Hernández, 2016. "Propuesta para una cuantificación objetiva de los perjuicios inmateriales por responsabilidad extracontractual del Estado: limitando el arbitrio iuris," Documentos de trabajo 17666, Escuela de Gobierno - Universidad de los Andes.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:empleg:v:4:y:2007:i:2:p:365-399. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.