ABSTRACT

The law of torts is a major segment of what author call private law. Private law is that set of principles and rules that regulates the way individuals interact with one another when engaged in activities hazarding harm. In contrast, public law determines the obligations and duties between the citizen and the state. Three core elements or themes run through the law of torts. These are not normative touchstones but rather are descriptive of the common law of torts. The first and earliest is the role of tort law—a coordinating mechanism that is the cement of societies. The early forms of action of trespass and trespass on the case were explicitly designed to bestow the King’s Peace. Tort law doctrine reinforces the Christian value of charity, of love for the other. The foundation is in autonomy in the sense of respect for the dignity of the individual.