EXECUTIVE SUMMARY

If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over. But if he will not listen, take one or two others along, so that “every matter may be established by the testimony of two or three witnesses.” If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector.

Matthew 18:15–17 (NIV)

When somone has caused harm to another, it is right that he or she rectify the situation. In many cases, the rectification comes without appeal to any other authority. The two parties simply work things out and reconcile. In other circumstances, the parties are unable to come to agreement and, following the mandate of Christ in Matthew 18, look to a mediator to restore peace. They might, for instance, turn to a friend, a family member, or a pastor to help resolve the situation. In any of these cases, at least partial forgiveness and hopefully complete forgiveness is likely to be included in the resolution. The goal is the restoration of both parties.

Some disputes, of course, require involvement of the courts. Ideally, this is the last resort. Suits seeking reparations or damages for a wrong suffered at the hands of another are called tort suits. Tort laws provide an opportunity for finding resolution in difficult situations so that people do not take justice into their own hands. In this context, disagreements can be adjudicated with set rules and by neutral parties and so serve the common good.

Over the past several decades in the United States, tort law has undergone significant changes that, in practice, seriously diminish the opportunity to find resolution and justice. The modern American tort system encourages lawsuits designed to maximize recovery for the plaintiff, regardless of the culpability of the wrongdoer. It encourages litigation at the expense of forgiveness and understanding. It ignores the role that family members, friends, religious leaders, and others can play in bringing about reconciliation.

In addition, the cost to society as a whole is significant. Products are more expensive and unemployment rates are higher. American businesses have certainly been put at a competitive disadvantage in the international market. Increased exposure to tort liability has also had a substantial impact on the medical system, dramatically increasing costs and limiting access to medical care in some locations.

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Ronald J. Rychlak, is associate dean for academic affairs, University of Mississippi School of Law.

This paper is based on the book by Ronald J. Rychlak, Trial by Fury, Christian Social Thought Series, No. 7 (Grand Rapids: Acton Institute, 2005). Trial by Fury will be published in February, 2005 and will be available at the Acton Bookshoppe.