3430328

docx

School

Lamar University *

*We aren’t endorsed by this school

Course

3310

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

Uploaded by AgentMetal7620

1 Tort Law From Law, Economic and Christian View Perspective Student Full Name Institutional Affiliation Course Full Title Instructor Full Name Due date

2 Tort Law From Law, Economic and Christian View Perspective Tort law is a branch of law that provides a framework for compensating individuals who have suffered harm as a result of someone else's actions. From a law and economics perspective, the goal of tort law is to create an efficient and effective system of incentives that encourages individuals to engage in safe and responsible behavior while also compensating those who have been injured (Guerra, 2021). This is done by balancing the costs and benefits of particular actions and creating a system that encourages individuals to internalize the costs of their actions. Law and economics perspectives and a distinctly evangelical Christian worldview both share the goal of providing a framework for resolving disputes and restoring justice in society. However, their approaches to tort law, which governs civil wrongs such as negligence, intentional harm, and strict liability, differ significantly. This essay will look at the purpose and goals of the tort laws from Christian view, economic and law perspective to help highlight the similarities and differences from these viewpoints. The purpose of tort law, from both a legal and an economic point of view, is to fairly divide the costs of accidents and injuries among the various parties involved in a manner that maximizes operational effectiveness. This indicates that culpability is assigned to the party that is in the best position to prevent the harm from occurring at the lowest possible cost or to distribute the costs among those who are in a financial position to pay for them (Bublick, 2021). A further benefit of tort law is that it incentivizes both individuals and businesses to engage in preventative safety measures, which in turn lowers the risk of accidents and injuries. The objective is to find the sweet spot that strikes the best possible balance between the advantages of reducing accidents and the expenses of preventing injury.

3 On the other hand, a distinctively evangelical Christian worldview sees tort law as a means to ensure that individuals and organizations are held accountable for their actions and to provide compensation to victims of wrongful conduct. Christianity is based on good acts and behavior that benefits people and this includes punishing wrongdoing to ensure people behave accordingly. This view sees tort law as a way to ensure that individuals and organizations are held accountable for their actions and no one goes unpunished for an act that harms others and is encouraged good behavior to continue doing good deeds (Hensler III, 2021). This viewpoint emphasizes the worth of human life as well as the significance of repairing relationships that have been harmed as a result of inappropriate behavior. The goal is to achieve fairness and justice rather than to maximize productivity, and the emphasis is placed on encouraging compassion and forgiveness rather than enforcing retribution and punishment. The importance of compensation is a central point of contention between these two points of view. When viewed from the point of view of law and economics, compensation is seen as a primary mechanism, first and foremost, of allocating the costs of harm. Secondly, tort law is created to help in restoring market efficiency from an economic perspective (Geistfeld, 2019). A Christian worldview sees compensation not only as a way to make the victim whole again but also as a means of restoring justice to the situation. This indicates that compensation should take into account not just the victim's financial losses but also their emotional and psychological trauma as a result of the incident as well. Another point of differentiation is the strategy for preventing future offenses. The goal of tort law, from both a legal and an economic point of view, is to incentivize individuals and organizations to behave in a manner that reduces the risk that they will cause injury to others by providing compensation when they do. The imposition of liability and the fear of having to pay

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

4 damages are two methods that can be used to discourage bad behavior. The concept of deterrence is not central to the Christian worldview; rather, the emphasis is placed on fostering responsible conduct utilizing instruction, persuasion, and the public display of compassion and forgiveness. In conclusion, the goals and purposes of tort law from a law and economics perspective are to create a fair and efficient system of incentives and to promote responsible and safe behavior. the goals and purposes of tort law from a law and economics perspective and a distinctly evangelical Christian worldview are different in their approach to compensation, deterrence, and the overall goal of the legal system. However, both perspectives recognize the importance of resolving disputes and restoring justice in society. The law and economics perspective focuses on achieving efficiency, while a Christian worldview emphasizes fairness, compassion, and restoring relationships. while both perspectives have different views on the role of tort law, they both aim to serve justice. The law and economics perspective emphasizes efficiency and the allocation of costs, while the Christian worldview focuses on accountability, fairness, justice, compassion, and restoration. By doing so, tort law helps to prevent harm and promote economic efficiency, while also compensating those who have been injured.

5 References Guerra, A. (2021). Experiments in law and economics. In A research agenda for experimental economics (pp. 43-68). Edward Elgar Publishing. https://doi.org/10.4337/9781789909852.00009 Bublick, E. M. (2021). Tort Common Law Future: Preventing Harm and Providing Redress to the Uncounted Injured. Journal of Tort Law , 14 (2), 279-308. Hensler III, L. W. (2021). Civil Reconciliation Tort Theory: Making Torts Private Again. UMKC L. Rev. , 90 , 313. Geistfeld, M. A. (2019). The law and economics of tort liability for human rights violations in global supply chains. Journal of European Tort Law , 10 (2), 130-165.

3430328

Related Documents