Louis Hensler, ‘Moses’ Restatement of Torts: Modern Principles of Justice and Efficiency in the Mishpatim’

Abstract
Nineteen verses from the mishpatim (Exodus 21:18-22:6) address a surprisingly wide variety of tort doctrines such as the privilege of discipline, transferred intent, proximate cause, premises liability, punitive damages, self-defense, defense of property, trespass to chattels, conversion, trespassing livestock, and abnormally dangerous activities. While some of this passage from the mishpatim focuses on non-tort principles, most notably fundamental human dignity, the tort law of the mishpatim, at its core, appears to be a corrective justice based rule of strict liability for intentional and accidental harm caused by an actor’s voluntary conduct.

Hensler, Louis W, Moses’ Restatement of Torts: Modern Principles of Justice and Efficiency in the Mishpatim (October 10, 2018).

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