ExTORTion
Acton Institute Powerblog

ExTORTion

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.”

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 director of research at the Center for Religion, Culture & Democracy, an initiative of the First Liberty Institute. He has previously held research positions at the Acton Institute and Vrije Universiteit Amsterdam, and has authored multiple books, including a forthcoming introduction to the public theology of Abraham Kuyper. Working with Lexham Press, he served as a general editor for the 12 volume Abraham Kuyper Collected Works in Public Theology series, and his research can be found in publications including Journal of Markets & Morality, Journal of Religion, Scottish Journal of Theology, Reformation & Renaissance Review, Journal of the History of Economic Thought, Faith & Economics, and Calvin Theological Journal. He is also associate director of the Junius Institute for Digital Reformation Research at Calvin Theological Seminary and the Henry Institute for the Study of Christianity & Politics at Calvin University.