Non-Pecuniary Damages for Defamation, Personal Injury, and Wrongful Death: An Empirical Analysis of Court Cases in Taiwan

Chinese Journal of Comparative Law, March 2016

47 Pages Posted: 3 Oct 2015

See all articles by Yun-chien Chang

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS); New York University School of Law

Han‐Wei Ho

Center for Empirical Legal Studies

Jimmy Chia-Shin Hsu

Institutum Iurisprudentiae, Academia Sinica

Date Written: October 1, 2015

Abstract

This article focuses on the determinants of pain and suffering damages for defamation, personal injury, and wrongful death in Taiwan, with a focus on defamation. Novel data sets on pain and suffering awards for personal injury and wrongful death by district courts and a novel data set on those for defamation by appellate courts are analyzed with regression models and two-sample tests. Our findings are that, first, restorative measures (like an apology posted in a newspaper) in defamation cases do not substitute for pain and suffering damages. In addition, annual incomes of both parties, relative social status, and media channels for defamatory remarks are the most important factors. Finally, plaintiffs who do not have to pay court fees proportionate to their claims do not over-claim as compared to those who have to pay.

Keywords: Defamation, restorative measures, pain and suffering damages, income, education, media, public figure, decoupling

JEL Classification: K13

Suggested Citation

Chang, Yun-chien and Ho, Han-wei and Hsu, Jimmy Chia-Shin, Non-Pecuniary Damages for Defamation, Personal Injury, and Wrongful Death: An Empirical Analysis of Court Cases in Taiwan (October 1, 2015). Chinese Journal of Comparative Law, March 2016. Available at SSRN: https://ssrn.com/abstract=2668444

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Han-wei Ho

Center for Empirical Legal Studies ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

Jimmy Chia-Shin Hsu

Institutum Iurisprudentiae, Academia Sinica ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei, 11529
Taiwan

Register to save articles to
your library

Register

Paper statistics

Downloads
53
Abstract Views
554
rank
381,082
PlumX Metrics