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.

Keywords: tort, mishpatim, Exodus, Covenant Code, Book of the Covenant, transferred intent, proximate cause, premises liability, punitive damages, self-defense, defense of property, trespass to chattels, conversion, livestock, abnormally dangerous activities, corrective justice, strict liability