The reasons for punishment are deterrence, retribution, rehabilitation and prevention. Criminal law balances these. English Law and Scots Law do not award punitive damages in civil actions, and it is hard to see why a Claimant should receive money which is more than his/her financial loss, in order to punish the Respondent. Should not that money go to the State?
Should punishment be allocated "rationally"? Perhaps, but I think human reactions to a wrongful act should be part of what is rationally assessed.
I do not have rational control of my feelings of anger. I can attempt to soothe my own feelings, or suppress and deny them.
If I dwell on an incident with the intention of making myself more angry about it, this seems to me to damage my own emotional responses.
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.
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?