Project description

Torts and other legal violations occur on a daily basis, and often confront victims with considerable harm. Legal remedies, such as monetary damages, seek to restore them for this. But how effective are they for doing so? This research project examines this question by examining the extent to which legal remedies restore the needs that victims experience in response to torts, and their effectiveness at restoring such disputes. For this purpose, it compares monetary damages with non-financial, relational remedies, such as apologies. Findings from this project indicate that an apology from the perpetrator has the potential to greatly increase the restoration of victims’ relational needs, such as those for recognition. Nevertheless, the results suggest that the resolution of such disputes mostly remains a financial question. In addition, this project suggests that the apologies that perpetrators provide may often fall short of what victims desire, particularly in willingness to accept blame. Taken together, findings from this project can inform the discussion on the role of apology in law, and caution that their remedial impact should not be overestimated.

Relevant publications and works in progress:

• Reinders Folmer, C. P., Desmet, P. T. M., & Van Boom, W. H. (2019). Beyond compensation? Examining the role of apologies in the restoration of victims’ needs in simulated tort cases. Law and Human Behavior, 43, 329-341. dx.doi.org/10.1037/lhb0000335.
• Reinders Folmer, C.P., Mascini, P., & Leunissen, J.M. (2019). Rethinking Apology in Tort Litigation: Deficiencies in Comprehensiveness Undermine Remedial Effectiveness. Review of Law & Economics. doi: 10.1515/rle-2018-0042
• Reinders Folmer, C.P. (2019). Sorry, not sorry: apologies and denials in the #MeToo movement. The Inquisitive Mind, 39(1). in-mind.org/article/sorry-not-sorry-apologies-and-denials-in-the-metoo-movement.