Acton Institute Powerblog

ExTORTion

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S. T. Karnick over at The Reform Club comments on a recent suit filed against DuPont over Teflon, claiming that “DuPont lied in a massive attempt to continue selling their product.”

Karnick observes that abuse of the tort system is rampant, in part because “it has been perverted into a proxy for the criminal justice system: a means of punishing supposed wrongdoers through the use of a weaker standard of proof—preponderance of the evidence instead of proof beyond a reasonable doubt.”

Trial by Fury

Law professor Ronald J. Rychlak outlines the changes over time to America’s tort law system in his recent book, Trial by Fury: Restoring the Common Good in Tort Litigation. The weakened burdens of proof is one of the trends that Rychlak investigates, in addition to increases in damage awards, the recognition of new torts, and the growth of class action suits.

Rychlak argues for a recovery of the purpose of the tort system. He concludes in light of the changes in tort law, “Effective tort reform, therefore, must return the system to one based on fault and causation, that holds responsible those who caused the damage, makes the injured whole, and does not impose upon the innocent.”

Jordan J. Ballor Jordan J. Ballor (Dr. theol., University of Zurich; Ph.D., Calvin Theological Seminary) is a senior research fellow and director of publishing at the Acton Institute for the Study of Religion & Liberty. He is also a postdoctoral researcher in theology and economics at the VU University Amsterdam as part of the "What Good Markets Are Good For" project. He is author of Get Your Hands Dirty: Essays on Christian Social Thought (and Action) (Wipf & Stock, 2013), Covenant, Causality, and Law: A Study in the Theology of Wolfgang Musculus (Vandenhoeck & Ruprecht, 2012) and Ecumenical Babel: Confusing Economic Ideology and the Church's Social Witness (Christian's Library Press, 2010), as well as editor of numerous works, including Abraham Kuyper Collected Works in Public Theology. Jordan is also associate director of the Junius Institute for Digital Reformation Research at Calvin Theological Seminary.

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