Should not that money go to the State?
Why should the money automatically go to the state?
To partially answer my own question: possibly, to compensate for court costs. However, if that were the rationale, then this cost should be levied for every trial.
Should not that money go to the State?
Why should the money automatically go to the state?
It should probably not go to the claimant because this would encourage spurious lawsuits for the sole purpose of trying to gather lots of money. Assuming a non-corrupt government, it should go to the state (or other level of government) so that it could benefit everybody, e.g. via tax breaks, or more investment in science, medicine, education, etc.
In practice governments are corrupt, so the answer is a bit more complicated. If the money does go to the government,...
Cass Sunstein, David Schkade, and Daniel Kahneman, in a 1999 paper named Do People Want Optimal Deterrence, write:
If we're after optimal deterrence, we should punish potentially harmful actions more if they're hard to detect, or else the expected disutility of the punishment is too small. But apparently this does not accord with people's sense of justice.
Does this mean we should change our sense of justice? And should we apply optimal deterrence theory to informal social rewards and punishments, such as by getting angrier at antisocial behaviors that we learned of by (what the wrongdoer thought was) a freak coincidence?