Symposium: Comment: Lessons from the Past: Revenge Yesterday and Today
نویسنده
چکیده
... Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. ... In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. ... I believe that the decline of the victim's right to revenge represents a shift from the model of the "rule of man," which is personal, subjective, and non-uniform, to the model of the "rule of law," which is impersonal, objective, and relatively uniform. ... The law of revenge provided personal satisfaction for victims. ... Although a wrongdoer could not always choose his victim to avoid cruel punishment or exorbitant demands for compensation, in small communities where people knew each other well, they could predict who would exact harsh penalties and who would not. ... Compensation for many torts has come to include punitive damages, among others, on the ground that victim-consumers need a powerful tool to protect themselves against powerful suppliers, and on the ground that punitive damage awards may have a healing effect on the victim beyond that which compensatory damages would effect. ... These new practices talk the language of the victims' right to vengeance, and recognize that sentencing is far more personal and subjective than people usually acknowledge. ...
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