Abstract

Abstract This chapter defends the view that courts should provide relief for dignitary harm and explains how they can do so. Judicial remedies for dignitary harm are appropriate in light of the broader remedial goal of restoring or maintaining the plaintiff’s “rightful position.” Moreover, plaintiffs’ goals in litigation include advancing their nonmonetary interest in vindication, and courts should not ignore this interest when they are granting remedies. Relief for dignitary harm can take numerous forms, including compensatory damages for dignitary harm, punitive damages, nominal damages, declaratory judgments, and dicta in judicial opinions. Further, courts need not provide unduly expansive relief for dignitary harm. Considerations such as efficiency could outweigh the goal of promoting dignity through the law of remedies.

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