Tort Reform: Legal Liability and Moral Consequences
During 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.
In this special section,
you’ll find a wealth of resources to help you understand an
issue that not only involves important policy questions, but profound
moral questions.
Acton
Publications about Tort Reform
“Tort
Reform as a Moral Issue,” by Ronald J. Rychlak, Acton
News and Commentary, 2005-04-06
Trial
by Fury: Restoring the Common Good in Tort Litigation,
by Ronald J. Rychlak, Christian Social Thought Series,
2005-03-16.
“Christians and Courtrooms: A Pauline
Perspective”, by Jordan J. Ballor, BreakPoint Worldview,
2005-03-01.
Disciples
on the Docket: A Christian Response to Tort Reform, by
Ronald J. Rychlak, Policyforum, 2005-02-01.
 “Tort
Reform and the End of Heroes,” Gerald L. Zandstra on
American Breakfast, 2004-12-03.
“Tort
Reform and the End of Heroes,” by Gerald L. Zandstra,
Acton News and Commentary, 2004-11-24.
Republished as “Tort reform - or maybe it truly will be
the end of heroes,” The Star, 2005-01-06.
Republished as “Superheroes aren't only ones hurt by lawsuits,”
Wichita Eagle, 2005-12-03.
“Tort
Reform and Thomas More: Lessons from a Christian Lawyer,”
by Samuel J. Gregg, Acton News and Commentary, 2004-09-08.
Republished as “Tort Reform Lessons
from Thomas More,” Perspective, 2004-10-01.
“Liability Matters,” by Rev. Robert A. Sirico,
National Review Online, 2004-07-29.
“Morality
and Liability,” by Rev. Robert A. Sirico, Religion
& Liberty, 2004-05-01.
“Touting
Tort Reform,” by Jordan. J. Ballor, Acton News and
Commentary, 2004-03-24.
Republished as “Touting Tort Reform,” Property/Casualty
Insurance Magazine, 2004-07-01.
“Lawsuit
Reform…A class (in)act(ion),” by by Phillip W. De
Vous, Acton News and Commentary, 2004-01-03.
“Tort
Law, Moral Accountability, and Efficiency: Reflections on the
Current Crisis,” by Michael I. Krauss, Journal of
Markets & Morality, Spring 1999.
Share
your experiences with us
The issue of tort
reform has been a hot button issue in recent months and likely will
be for the foreseeable future. While much of the discussion focuses
on the economic and legal matters surrounding tort reform, the Acton
Institute is adding a perspective on the debate which is too often
overlooked: the moral and civil society implications of litigiousness.
We are looking for stories of people who have had an opportunity
to sue in the past but have instead chosen to seek a path toward
reconciliation. If you have a story and would be willing to share
it as an example to others, we would greatly appreciate it. Please
email your stories to jzandstra@acton.org
or call 1-616-454-3080 and ask for Jerry.
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