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Related to punitory: penalizing
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1851) (stating that damages for physical pain, or for "loss of time and money" are not "exemplary, or punitory" but "the mental suffering, the injured feelings, the sense of injustice, of wrong, or insult" felt by the injured person can be considered in the assessment of punitive damages).
Presciently, John Stuart Mill anticipated this insidious tactic: "The preventive function of government," he warned, "is far more liable to be abused, to the prejudice of liberty, than the punitory function; for there is hardly any part of the legitimate freedom of action of a human being which would not admit of being represented, and fairly too, as increasing the facilities for some form or other of delinquency."
A leading commentator observed that "the cases are very numerous in the books which show that very large additions must have been made for punitory effect to the amount which would otherwise have been found."(16) He warned that "one who does an act maliciously, must be careful to see that the act is lawful; otherwise, though the actual injury may be slight, the exemplary damages may be considerable."(17)