Tort claimants have a variety of motives for pursuing their legal claims, including obtaining financial compensation, securing acknowledgment of the wrong done to them and the harm that resulted, acquiring information about what happened to them, inducing behavior change or institutional reform so as to prevent future harm, and more. Conversely, claiming can be impeded when an injured person fails to name an injury or blame someone else for having caused it, lacks the resources to bring a claim, or is deterred by negative perceptions of tort plaintiffs. Just as claimants and potential claimants have myriad goals, so too are there a variety of processes and remedies through which they can attempt to fulfill those goals. This chapter explores the mix of justice motives that claimants report and how processes such as trial or settlement and remedies such as money damages and apologies fit with or are incompatible with their motivations for justice.

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Motives for Civil Justice

  • Jennifer K. Robbennolt

摘要

Tort claimants have a variety of motives for pursuing their legal claims, including obtaining financial compensation, securing acknowledgment of the wrong done to them and the harm that resulted, acquiring information about what happened to them, inducing behavior change or institutional reform so as to prevent future harm, and more. Conversely, claiming can be impeded when an injured person fails to name an injury or blame someone else for having caused it, lacks the resources to bring a claim, or is deterred by negative perceptions of tort plaintiffs. Just as claimants and potential claimants have myriad goals, so too are there a variety of processes and remedies through which they can attempt to fulfill those goals. This chapter explores the mix of justice motives that claimants report and how processes such as trial or settlement and remedies such as money damages and apologies fit with or are incompatible with their motivations for justice.