Conservative Principles Mean "No!" to Tort Reform
Exodus 23:6 "Do not deny justice to your poor people in their lawsuits."
Ken Shigley, an Atlanta attorney who publishes his own blog, brought us a couple of posts this week that bring to light some crucial points about big business' twisted ideas about tort "reform" on the one hand, versus true conservative principles on the other hand. Specifically, the rock solid conservative Center for a Just Society has reported on Republican presidential candidate Fred Thompson's experience as a trial attorney representing injured folks, and Thompson's opposition to some of the extreme positions on the tort "reform"ers' agenda. (Thompson definitely doesn't always get it right. He's backed some of the "reform" nonsense, but he has been reasonable at other times on these issues, when many others have not).
In addition, the Center for a Just Society lays out a compelling case that true conservative principles just don't allow for wrongdoers to run roughshod over human dignity and the sanctity of human life by running away from their responsibility when they harm or kill someone. I hope you will read what the Just Society folks have to say. A fair, just and free democracy must have a system where the powerless can take on powerful wrongdoers. Injured people have rights, and those rights must not be taken away.
If we start chipping away at those rights, we start chipping away at the core of our freedoms - just so big business can feed its insatiable greed for the almighty dollar.
By the way, the idea of compensating those you injure is not a new idea dreamed up by injury lawyers. According to the Bible, here is what God said to Moses, just after revealing the Ten Commandments:
Exodus 21
18 "If men quarrel and one hits the other with a stone or with his fist and he does not die but is confined to bed,
19 the one who struck the blow will not be held responsible if the other gets up and walks around outside with his staff; however, he must pay the injured man for the loss of his time and see that he is completely healed.
22 "If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows.
33 "If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it,
34 the owner of the pit must pay for the loss; he must pay its owner, and the dead animal will be his.
35 "If a man's bull injures the bull of another and it dies, they are to sell the live one and divide both the money and the dead animal equally.
36 However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up, the owner must pay, animal for animal, and the dead animal will be his.
Exodus 22
1 "If a man steals an ox or a sheep and slaughters it or sells it, he must pay back five head of cattle for the ox and four sheep for the sheep.
2 "If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed;
3 but if it happens [a] after sunrise, he is guilty of bloodshed. "A thief must certainly make restitution, but if he has nothing, he must be sold to pay for his theft.
4 "If the stolen animal is found alive in his possession—whether ox or donkey or sheep—he must pay back double.
5 "If a man grazes his livestock in a field or vineyard and lets them stray and they graze in another man's field, he must make restitution from the best of his own field or vineyard.
6 "If a fire breaks out and spreads into thornbushes so that it burns shocks of grain or standing grain or the whole field, the one who started the fire must make restitution.
7 "If a man gives his neighbor silver or goods for safekeeping and they are stolen from the neighbor's house, the thief, if he is caught, must pay back double.
8 But if the thief is not found, the owner of the house must appear before the judges to determine whether he has laid his hands on the other man's property.
9 In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any other lost property about which somebody says, 'This is mine,' both parties are to bring their cases before the judges. The one whom the judges declare guilty must pay back double to his neighbor.
10 "If a man gives a donkey, an ox, a sheep or any other animal to his neighbor for safekeeping and it dies or is injured or is taken away while no one is looking,
11 the issue between them will be settled by the taking of an oath before the LORD that the neighbor did not lay hands on the other person's property. The owner is to accept this, and no restitution is required.
12 But if the animal was stolen from the neighbor, he must make restitution to the owner.
13 If it was torn to pieces by a wild animal, he shall bring in the remains as evidence and he will not be required to pay for the torn animal.
14 "If a man borrows an animal from his neighbor and it is injured or dies while the owner is not present, he must make restitution.
15 But if the owner is with the animal, the borrower will not have to pay. If the animal was hired, the money paid for the hire covers the loss.