Tort Law And Thomism

Tort Law and Thomism By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar In Thomistic Philosophy, causation is discussed. For example, if I were to use a pool cue to hit a cue ball, the efficient cause of the effect of hitting the ball is my arm, the cause is the pool cue, and the effect is hitting the ball. Additionally, Thomism discusses reason. Reason is a synthesis of logic, love, and intuition.

In Tort law, we typically

only consider causes which are unreasonable or negligent. Also, Thomism makes the distinction between a primary cause and a secondary cause. If I am driving along a street and this puts me in an intersection where the opposition street has a stop sign, and then another person runs through the stop sign and hits me, the second person is the primary cause of the accident, and I a secondary cause of the accident. In Tort law we also have the idea that there are intervening causes which affect the issue of negligence. An intervening cause is unforeseeable.