它值多少钱?作为社区判决的陪审团损害赔偿裁决

V. Hans
{"title":"它值多少钱?作为社区判决的陪审团损害赔偿裁决","authors":"V. Hans","doi":"10.31228/osf.io/vjgw3","DOIUrl":null,"url":null,"abstract":"TABLE OF CONTENTS INTRODUCTION I. DO JURY DAMAGE AWARDS REFLECT COMMUNITY NORMS? DIFFERENT PERSPECTIVES II. MODELS OF JURY DAMAGE AWARD DECISION MAKING III. VALUES AND DAMAGE AWARDS A. Individual Jurors' Experiences and Values B. Community Effects C. Judges Versus Juries D. Jury Damage Awards: Admittedly Imperfect Mirrors of Community Sentiment CONCLUSION \"The law wisely leaves the assessment of damages, as a rule, to juries, with the concession that there are no scales in which to weigh human suffering.\" (1) INTRODUCTION In a recent article, The Political Puzzle of the Civil Jury, Jason Solomon questions whether the civil jury operates effectively as a political institution. (2) Civil juries are said to perform multiple political functions. They inject community perspectives and values into legal decision making. (3) They act as a check on government and corporate power. (4) They legitimize the civil justice system. (5) Finally, they promote greater civic engagement among jurors. (6) Solomon concludes, however, that these claims about the civil jury's multiple political functions are overstated and understudied. (7) He calls for more theoretical and empirical study of the civil jury's performance of its political functions. (8) This Article offers a response to Solomon's piece, providing evidence about the political dimensions of jury damage award decision making. (91) argue that the damage award is a key part of the civil jury's political activity. Indeed, in my view, it is just as significant as the political nature of the civil jury's liability judgment, which up to now has been a more frequent topic of scholarly inquiry. (10) This Article focuses on one of the dimensions Solomon identifies: the injection of community perspectives and values into legal decision making. (11) I contend that damage awards and community values are deeply intertwined. The dollars that juries award, from the compensatory amounts they grant to auto accident victims to the punitive damages they deliver against large corporations, are very much products of community views and sentiments. (12) In my view, damage awards constitute powerful political actions by the civil jury. Civil jury damage awards serve to check or endorse private power, whether it is power over one's own neighbors or over business corporations. To support my argument, I draw on theoretical accounts of jury decision making about damages, including the story model, (13) insights from cultural cognition research, (14) and a new gist model that cognitive psychologist Valerie Reyna and I have developed to explain the process of jury damage award decision making. (15) Jurors' values constitute an important component of these and other models. (16) I also describe the empirical research that documents and establishes the pervasive influence and content of community values in jury damage award judgments. (17) I. DO JURY DAMAGE AWARDS REFLECT COMMUNITY NORMS? DIFFERENT PERSPECTIVES The dollar amount of a jury damage award expresses community values in multiple ways. It reflects the socially assessed value of an injury, calibrated to take into account a specific context and the identities and circumstances of the injurer and the injured. The jury's damage award amount also incorporates the meaning of money held by community members. (18) Community judgments are reflected in awards for economic damages, noneconomic damages, and punitive damages. Solomon acknowledges that: Community norms might also dictate how much certain wrongs or injuries are worth in damages.... One could say that the level of damages is a way that the community sends a message about how bad the wrong or injury is, and this is an important part of helping constitute a community--meting out justice... is a way of articulating a community's values. (19) On this, we completely agree with each other and with the great jury scholar Harry Kalven, Jr. …","PeriodicalId":75324,"journal":{"name":"William and Mary law review","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2014-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"What's It Worth? Jury Damage Awards as Community Judgments\",\"authors\":\"V. Hans\",\"doi\":\"10.31228/osf.io/vjgw3\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"TABLE OF CONTENTS INTRODUCTION I. DO JURY DAMAGE AWARDS REFLECT COMMUNITY NORMS? DIFFERENT PERSPECTIVES II. MODELS OF JURY DAMAGE AWARD DECISION MAKING III. VALUES AND DAMAGE AWARDS A. Individual Jurors' Experiences and Values B. Community Effects C. Judges Versus Juries D. Jury Damage Awards: Admittedly Imperfect Mirrors of Community Sentiment CONCLUSION \\\"The law wisely leaves the assessment of damages, as a rule, to juries, with the concession that there are no scales in which to weigh human suffering.\\\" (1) INTRODUCTION In a recent article, The Political Puzzle of the Civil Jury, Jason Solomon questions whether the civil jury operates effectively as a political institution. (2) Civil juries are said to perform multiple political functions. They inject community perspectives and values into legal decision making. (3) They act as a check on government and corporate power. (4) They legitimize the civil justice system. (5) Finally, they promote greater civic engagement among jurors. (6) Solomon concludes, however, that these claims about the civil jury's multiple political functions are overstated and understudied. (7) He calls for more theoretical and empirical study of the civil jury's performance of its political functions. (8) This Article offers a response to Solomon's piece, providing evidence about the political dimensions of jury damage award decision making. (91) argue that the damage award is a key part of the civil jury's political activity. Indeed, in my view, it is just as significant as the political nature of the civil jury's liability judgment, which up to now has been a more frequent topic of scholarly inquiry. (10) This Article focuses on one of the dimensions Solomon identifies: the injection of community perspectives and values into legal decision making. (11) I contend that damage awards and community values are deeply intertwined. The dollars that juries award, from the compensatory amounts they grant to auto accident victims to the punitive damages they deliver against large corporations, are very much products of community views and sentiments. (12) In my view, damage awards constitute powerful political actions by the civil jury. Civil jury damage awards serve to check or endorse private power, whether it is power over one's own neighbors or over business corporations. To support my argument, I draw on theoretical accounts of jury decision making about damages, including the story model, (13) insights from cultural cognition research, (14) and a new gist model that cognitive psychologist Valerie Reyna and I have developed to explain the process of jury damage award decision making. (15) Jurors' values constitute an important component of these and other models. (16) I also describe the empirical research that documents and establishes the pervasive influence and content of community values in jury damage award judgments. (17) I. DO JURY DAMAGE AWARDS REFLECT COMMUNITY NORMS? DIFFERENT PERSPECTIVES The dollar amount of a jury damage award expresses community values in multiple ways. It reflects the socially assessed value of an injury, calibrated to take into account a specific context and the identities and circumstances of the injurer and the injured. The jury's damage award amount also incorporates the meaning of money held by community members. (18) Community judgments are reflected in awards for economic damages, noneconomic damages, and punitive damages. Solomon acknowledges that: Community norms might also dictate how much certain wrongs or injuries are worth in damages.... One could say that the level of damages is a way that the community sends a message about how bad the wrong or injury is, and this is an important part of helping constitute a community--meting out justice... is a way of articulating a community's values. (19) On this, we completely agree with each other and with the great jury scholar Harry Kalven, Jr. …\",\"PeriodicalId\":75324,\"journal\":{\"name\":\"William and Mary law review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2014-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"William and Mary law review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31228/osf.io/vjgw3\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"William and Mary law review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31228/osf.io/vjgw3","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 5

摘要

1 .陪审团损害赔偿是否反映了社会规范?不同的视角2。陪审团损害赔偿决策模型iii。价值和损害赔偿金a .陪审员个人经验和价值观B.社区影响C.法官与陪审团D.陪审团损害赔偿金:公认的社区情绪的不完美反映结论“法律明智地将损害赔偿金的评估作为一项规则,留给陪审团,并承认没有衡量人类痛苦的尺度。”在最近的一篇文章《民事陪审团的政治谜题》中,杰森·所罗门质疑民事陪审团作为一种政治制度是否有效运作。(2)据说民事陪审团具有多种政治功能。他们将社区观点和价值观注入到法律决策中。他们对政府和企业的权力起到制衡作用。(4)使民事司法制度合法化。(5)最后,他们促进陪审员更多的公民参与。(6)然而,所罗门的结论是,这些关于民事陪审团多重政治功能的主张被夸大了,而且研究不足。他呼吁对民事陪审团履行其政治职能进行更多的理论和实证研究。(8)本文对所罗门的文章做出了回应,提供了有关陪审团损害赔偿决策的政治维度的证据。(91)认为损害赔偿裁决是民事陪审团政治活动的重要组成部分。事实上,在我看来,它与民事陪审团责任判决的政治性质同样重要,后者迄今为止一直是一个更为频繁的学术研究主题。(10)本文关注的是所罗门提出的一个维度:将社区观点和价值观注入法律决策。(11)我认为损害赔偿和社区价值是紧密相连的。陪审团裁决的金额,从他们给予汽车事故受害者的赔偿金额到他们对大公司的惩罚性损害赔偿,在很大程度上是社会观点和情绪的产物。(12)我认为,损害赔偿是民事陪审团强有力的政治行动。民事陪审团损害赔偿裁决的作用是遏制或支持私人权力,无论是对自己邻居的权力还是对商业公司的权力。为了支持我的观点,我借鉴了陪审团关于损害赔偿决策的理论,包括故事模型(13),文化认知研究的见解(14),以及认知心理学家Valerie Reyna和我为解释陪审团损害赔偿决策过程而开发的一个新的要点模型。(15)陪审员的价值观是这些模式和其他模式的重要组成部分。(16)我还描述了一些实证研究,这些研究记录并确立了社区价值观在陪审团损害赔偿判决中的普遍影响和内容。(17)陪审团损害赔偿是否反映了社会规范?不同观点陪审团赔偿的金额以多种方式表达了社会价值观。它反映了伤害的社会评估价值,并考虑到具体情况以及伤害者和受伤者的身份和情况进行了校准。陪审团的损害赔偿金额也包含了社区成员持有的金钱的含义。共同体判决反映在经济损害赔偿、非经济损害赔偿和惩罚性损害赔偿的裁决中。所罗门承认:社会规范也可能决定某些错误或伤害的损害赔偿值多少....有人可能会说,损害程度是社区传达错误或伤害有多严重的一种方式,这是帮助组成社区的重要组成部分——伸张正义……是一种表达社区价值观的方式。(19)在这一点上,我们完全同意彼此的意见,也完全同意大陪审团学者哈里·卡尔文(Harry Kalven, Jr. ...)的意见
本文章由计算机程序翻译,如有差异,请以英文原文为准。
What's It Worth? Jury Damage Awards as Community Judgments
TABLE OF CONTENTS INTRODUCTION I. DO JURY DAMAGE AWARDS REFLECT COMMUNITY NORMS? DIFFERENT PERSPECTIVES II. MODELS OF JURY DAMAGE AWARD DECISION MAKING III. VALUES AND DAMAGE AWARDS A. Individual Jurors' Experiences and Values B. Community Effects C. Judges Versus Juries D. Jury Damage Awards: Admittedly Imperfect Mirrors of Community Sentiment CONCLUSION "The law wisely leaves the assessment of damages, as a rule, to juries, with the concession that there are no scales in which to weigh human suffering." (1) INTRODUCTION In a recent article, The Political Puzzle of the Civil Jury, Jason Solomon questions whether the civil jury operates effectively as a political institution. (2) Civil juries are said to perform multiple political functions. They inject community perspectives and values into legal decision making. (3) They act as a check on government and corporate power. (4) They legitimize the civil justice system. (5) Finally, they promote greater civic engagement among jurors. (6) Solomon concludes, however, that these claims about the civil jury's multiple political functions are overstated and understudied. (7) He calls for more theoretical and empirical study of the civil jury's performance of its political functions. (8) This Article offers a response to Solomon's piece, providing evidence about the political dimensions of jury damage award decision making. (91) argue that the damage award is a key part of the civil jury's political activity. Indeed, in my view, it is just as significant as the political nature of the civil jury's liability judgment, which up to now has been a more frequent topic of scholarly inquiry. (10) This Article focuses on one of the dimensions Solomon identifies: the injection of community perspectives and values into legal decision making. (11) I contend that damage awards and community values are deeply intertwined. The dollars that juries award, from the compensatory amounts they grant to auto accident victims to the punitive damages they deliver against large corporations, are very much products of community views and sentiments. (12) In my view, damage awards constitute powerful political actions by the civil jury. Civil jury damage awards serve to check or endorse private power, whether it is power over one's own neighbors or over business corporations. To support my argument, I draw on theoretical accounts of jury decision making about damages, including the story model, (13) insights from cultural cognition research, (14) and a new gist model that cognitive psychologist Valerie Reyna and I have developed to explain the process of jury damage award decision making. (15) Jurors' values constitute an important component of these and other models. (16) I also describe the empirical research that documents and establishes the pervasive influence and content of community values in jury damage award judgments. (17) I. DO JURY DAMAGE AWARDS REFLECT COMMUNITY NORMS? DIFFERENT PERSPECTIVES The dollar amount of a jury damage award expresses community values in multiple ways. It reflects the socially assessed value of an injury, calibrated to take into account a specific context and the identities and circumstances of the injurer and the injured. The jury's damage award amount also incorporates the meaning of money held by community members. (18) Community judgments are reflected in awards for economic damages, noneconomic damages, and punitive damages. Solomon acknowledges that: Community norms might also dictate how much certain wrongs or injuries are worth in damages.... One could say that the level of damages is a way that the community sends a message about how bad the wrong or injury is, and this is an important part of helping constitute a community--meting out justice... is a way of articulating a community's values. (19) On this, we completely agree with each other and with the great jury scholar Harry Kalven, Jr. …
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信