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Moses’ Restatement of Torts: Modern Principles of Justice and Efficiency in the Mishpatim

Authors: Louis W. 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.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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