US Tort-Law as a 'Bible's Child'

Sources of the Essay

All Internet-Domains visited on June 24 th 2001

Baker et. Al. vs.

GM Co-operation No. 96-653 (13.01.1998)

Donoghue vs. Stevenson H.L. 1932 A.C. 562 (Scot.) 740

El Al Israel Airlines, ltd.

vs. Tsui Yuan Tseng 525 US 155 (1989)

Holy Bible King James Version (1611), New York:

Containing the books of Exodus, Samuel,

St. Luke, St. Matthew, St. John and Revelation

Lectric Law Library

Legal Lexicon www.lectlaw.com/def

Ledger & Associates www.ledgerlaw.com/info

(Law-firm)

Lundmark, Thomas Common Law Tort & Contract, Münster, 1998

Danny Matos

vs. Indian Police dept. www.members.aol.com/copcrimes/submitform2.html

Miranda vs. Arizona 384 US 436 (1966)

US Constitution Findlaw: US Supreme Court

http://supreme.lp.findlaw.com/constitution

US Department of Justice www.usdoj.gov

US-Tort Law as a “Bible’s Child”

A central idea of the Holy Bible is the concept of right and wrong. Following this idea a whole set of commandments and prohibitions, such as “…Thou shall not kill. Thou shall not commit adultery…” or “…that ye love another” 1 , are developed in this book establishing an unique moral system. As Christians are told about good and evil, defined in Bible’s rules and construed by Theologians, their believe comprises a complete legal system as well. As it is typical for legal systems the religious basic principles are not just meant as signposts on one’s way through life, but are enforced by the common practice of reward and punishment, too. God as the final individual’s judge is believed to decide all cases, if a person’s soul will be blessed with “life everlasting” or will be sentenced to be “cast into the lake of fire.” 2 Concerning its methods the Christian set of rules is therefore well comparable to other legal systems such as the US-Common Law. In its concrete content quite different of course, rewards as the guaranty of the Civil Rights and punishments as imprisonment are to be found here as a similar framework , too. 3 Since the Christian believe undoubtedly has had a strong influence on modern western moral concepts, in the following part it will be examined, how strong the Bible’s impact on recent legal terms and the concept of modern US-law of intentional torts and product liability has been and if other influences must be recognised.

An intentional tort in general concludes a wrongful act or omission leading to liability towards an injured person. 4 In this case a sanction as the “liability for the injury (or damage)” is combined with a moral evaluation of the act as “wrongful”. The basic definition of tort shows a strong influence of moral values in society on legal terms: Each individual is expected to reasonably foresee to avoid acts or omissions, which are able to harm one’s Neighbour. 5 Differing behaviour is called “wrong,” and sanctions must follow. Keeping the bible’s “Neighbour principle” in mind, “Thou shalt love thy Neighbour,” 6 first similarities to concepts of Christianity can be found.

1 Exodus, 20, 13-14; St. John 13, 34 2 St. John 12,50; Revelation 20, 15 3 Findlaw US-Supreme Court: The Constitution;

US-Department of Justice: Sanctions 4 Lundmark P.1 5 Donoghue vs. Stevenson 6 St. Matthew 5, 43