To the potential wrongdoer
who expects to survive following the tort, (10) the minority rule can use posthumous punitive damages to send a clear signal that the misconduct will trigger enhanced liability.
Holmgren outlines a metaethical view that does not persuade, but does render her account consistent and clear, with two fundamental and related premises: (1) a wrongdoer
is 'separable' (98) from his wrong acts and (2) the most 'morally salient feature of the offender is his intrinsic worth as a person' (99).
If the question at hand were whether the wrongdoer
can legitimately point to his transformation as a ground for disavowing the past wrong, the conclusion might be "yes.
AAJ will continue to work with both sides of the aisle, as it always has, to advocate for the ability to hold a wrongdoer
accountable, even when taking on the most powerful interests.
Forgiveness involves the victimized person's discernment that there are legitimate reasons to believe that the wrongdoer
accepts responsibility for the injustice and hurt he or she caused and promises to refrain from further injustice.
In some cases, the wrongdoer
may also be subject to criminal sanctions.
The problem is when a person in the same position does something wrong, then people disassociate themselves from the wrongdoer
as quickly as possible.
The cooperative, as wrongdoer
, should not escape liability simply because there are none of the ordinary standards for measuring damages.
On the theoretical side, attempts to justify the social institution focus either on the wrongdoer
or on the community as a whole.
Treasury and IRS had insisted they had no authority to go after wrongdoers
- that their only authority was to go after municipalities and municipal bondholders, forcing innocent cities and towns to undergo expensive IRS investigations and penalties, and then to turn around and seek restitution from the actual wrongdoer
in civil litigation.
Fraud requires proof that the wrongdoer
intended to deceive his victim.
While courts and commentators agree that punitive damages are intended to deter wrongdoing or to punish the wrongdoer
, few go on to consider what deterrence really means.