Negligence Or Strict Liability?

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Negligence or Strict Liability? A Study In Biblical Tort Law

The Bible, specifically, the Old Testament, provides numerous examples of torts and the remedies afforded for such offenses. The Bible is also the guide for moral conduct, with the best example being the Ten Commandments. In the Old testament, there are multiple references to moral and in-moral behavior, torts, civil and family matters. Exodus 21:18-22:6, provides the best examples of tort law in biblical times. To that end, the instructions communicated directly from God to Moses to "set before" the Israelites (21:1). They are as follows: 1. Men Quarrelling (21:18)
2. The Goring Ox Scenarios (21:28-32)
3. The Uncovered Pit (21:33-34)
4. The Grazing Cattle (22:5)
5. The
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Another issue is damages, particularly for a human life. It appears that there is no payment sufficient for real "damages," yet one can be "redeemed." When damages involve property, it is handled much differently, depending upon the level of moral responsibility. In modern society and negligence, the loss of life at the hands of a negligent party, carries punitive or a greater monetary value depending upon the circumstances causing the loss of life. An example, a motor vehicle operator causes an accident, which resulted in loss of life. It was later determined the vehicle operator was driving while under the influence and the blood alcohol level was over the legal limit. Because of their blood alcohol level, the monetary compensation and value of the cause is much higher due to the egregious behavior and decision of the operator to drive while under the influence. In this scenario, one could argue both strict liability due to the driver operating a motor vehicle while under the influence as well as the operator’s negligent behavior in the operation of the motor vehicle.
The Uncovered Pit (21:33-34): In looking at modern day negligence, a reasonable, prudent person, having knowledge of a pit that poses a potential hazard, should take every precaution necessary to prevent injury or harm to another. Having knowledge of the pit, in essence satisfies some degree of strict liability; however, the negligence aspect
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