Trial by Fury: Restoring the Common Good in Tort Litigation

Nonfiction, Reference & Language, Law, Ethics
Cover of the book Trial by Fury: Restoring the Common Good in Tort Litigation by Ronald Rychlak, Acton Institute
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Author: Ronald Rychlak ISBN: 9781880595671
Publisher: Acton Institute Publication: June 21, 2012
Imprint: Smashwords Edition Language: English
Author: Ronald Rychlak
ISBN: 9781880595671
Publisher: Acton Institute
Publication: June 21, 2012
Imprint: Smashwords Edition
Language: English

American tort law has become the subject of public scrutiny in the last decades. The criticism cast against it is that its current state bears economic incentives for abuse. But the tort law system engenders an even greater evil: the perversion of the human person. Acts of injustice tolerated by a permissive tort system have facilitated the near obliteration of forgiveness and reconciliation, of kindness and goodwill, and they have thus cleaved a chasm in human fellowship. The tort system has thus forsaken its proper role as arbiter of justice in service of the common good. Instead, it is distorting responsibility into blame, and human dignity into parasitic opportunism. This monograph not only points to the gravity of this moral effect of tort law on the human person, but it attempts to lay the ground for restoring the common good in tort litigation.

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American tort law has become the subject of public scrutiny in the last decades. The criticism cast against it is that its current state bears economic incentives for abuse. But the tort law system engenders an even greater evil: the perversion of the human person. Acts of injustice tolerated by a permissive tort system have facilitated the near obliteration of forgiveness and reconciliation, of kindness and goodwill, and they have thus cleaved a chasm in human fellowship. The tort system has thus forsaken its proper role as arbiter of justice in service of the common good. Instead, it is distorting responsibility into blame, and human dignity into parasitic opportunism. This monograph not only points to the gravity of this moral effect of tort law on the human person, but it attempts to lay the ground for restoring the common good in tort litigation.

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