[Poohbah]

Common law holds that you have to make the injured party whole. That's the basis of compensatory damages.

The idea of PUNITIVE damages is entirely a creation of statutory law--i.e., a creation of the State.

[wimpycat]

I understand what you're saying. Punitive=punishment. But this still isn't an 8th Amendment issue, because punitive awards aren't paid to the state. Take it up with Congressman Billybob from here on out, because I'm only repeating what he said on the radio.

[APBaer]

That's incorrect.
Few states have statutes about punitive damages.
Punitive damages were known at common law.
Originated in something called amercements,
later paid to injured party rather than the state.