> The existence of punitive damages already throws out the idea that civil suits are just about real measured harm and includes the state overlaying elements of criminality on top of civil suits to punish wrongdoing.
No, it has nothing to do with elements of criminality.
It's the simple fact that if civil actions resulted in only restitution and nothing more, then everybody would be committing torts whenever they could, because sometimes you'll get away with it and sometimes you won't, but statistically you'll always come out ahead. Because sometimes people don't bring charges, sometimes they're too hard to prove, etc.
So the additional punishment is a way to correct that, to ensure that civil suits still function as deterrence. To ensure that if we only count the suits successfully brought and prosecuted, the tort-committer will still lose overall in the end.
There's nothing to do with criminality here, which is prosecuted by the state rather than by a private party.
> So the additional punishment is a way to correct that, to ensure that civil suits still function as deterrence
That's exactly what I mean by elements of criminality. You're not just saying that you harmed someone and have to make them whole but also that you did something wrong and have to be punished so you won't do it again. It's a fine by another name.
No, it has nothing to do with elements of criminality.
It's the simple fact that if civil actions resulted in only restitution and nothing more, then everybody would be committing torts whenever they could, because sometimes you'll get away with it and sometimes you won't, but statistically you'll always come out ahead. Because sometimes people don't bring charges, sometimes they're too hard to prove, etc.
So the additional punishment is a way to correct that, to ensure that civil suits still function as deterrence. To ensure that if we only count the suits successfully brought and prosecuted, the tort-committer will still lose overall in the end.
There's nothing to do with criminality here, which is prosecuted by the state rather than by a private party.