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Trial by Fury: Restoring the Common Good in Tort Litigation

Trial by Fury: Restoring the Common Good in Tort Litigation

Ronald J. Rychlak

| Acton Institute | 2004

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American tort law has become the subject of public scrutiny in recent 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.