Biblical Torts Research Paper
October 11th, 2018
In today’s world, we should easily say that biblical law is the basis for our civil justice system. Our extensive modern day civil justice system can be linked back to the teachings of the Bible and the strict laws that it provided as guidance to how we should live and coexist with others. The Bible also emphasizes some major causes that include; the importance of justice, our obligations to tend to and care for the poor, and our overall responsibility to ensure the protection of the environment. The modern day civil justice system upholds these civil standards and assigns trial lawyers to oversee these types of cases. Civil cases are a huge part of today’s legal caseload and can be traced back to the Bible and God’s laws. God instructed his people on the laws that deals with specific wrongs and the remedies associated with them. They can be found mostly in the Old Testament and located directly in the Ten Commandments. These historical civil laws can be determined to have revolved around things such as negligence and strict liability and provide support for the need of compensatory and punitive damages.
When someone commits a wrong against you, as long as it’s unintentional and without malice, it is considered a civil tort. For one to establish fault on behalf of another, there has to be a negligent act or omission that results in civil liability. Negligence cases happen more often than not because of the basis of the crime. Negligent cases require 5 elements to be met before they can be addressed in a lawsuit. These elements are: established duty, breach of duty, cause if fact, proximate cause, and accrued damages. The Bible explains how negligence can come into play within these particular scriptures: Exodus 21:33-34, Exodus 22:5, Exodus 22:6, and Deuteronomy 22:8.
In the end, we need to remember that God has ultimate jurisdiction overall. So therefor, His laws remain supreme.