What Does Tort Include?

—“Good morning Curt have a great day wherever you are. A quick question on Tort, does Tort only have to do with the consequences of actions. Does it have anything to do with inaction? (does inaction not exist in Law)”—

The origin of law is retribution. The origin of written law is standardization of punishment so that retribution does not cause retaliation cycles. The purpose of law evolved to maintain the peace, by standardizing (a weight and measure) responsibilities and liabilities, so that there were fewer harms created, fewer retaliations, and as such prevented retaliation cycles (feuds at small scale, wars at larger scale).

The european traditional law and our common law evolved over time to increase responsibility from intentional, to failures of due diligence, to failures of defense of others on behalf of others. P-Law explicitly takes this to its full conclusion as inalienability – in other words, if you have a right you are responsible not only for defending it, but defending others, and you cannot divest yourself of either right or obligation without yourself committing a crime.

Tort just means trespass. This is a simple term referring to the imposition of costs upon the demonstrated interests of others. One of the reasons I’m against the non aggression principle is that under natural law one need only impose a cost by intent, failure of due diligence, failures of defense. Libertarianism is libertinism – not responsible for anything.

Leave a Reply