Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party.
There has been a great deal of talk this week about torts, or civil wrongs, both past and present. Examples include an oil spill in the Houston ship channel that closed the port for several days. Those who rely on goods imported to and exported from the Port of Houston may have grounds to sue. This is reminiscent of the Exxon Valdez oil spill, exactly 25 years ago last week. Exxon had judgments placed against it for a huge sum of money, but a federal judge and later the US Supreme Court reduced the judgement against them. Many of the fisherman in Alaska say that the number of full-grown herring in the affected area have decreased significantly from the volume that had been there prior to the spill.
Another example is the recent mudslide in Snohomish County, Washington. To date, 26 people are confirmed dead and many others are still missing. This brings to mind the 2005 Hurricane Katrina disaster, and the losses it brought to New Orleans and surrounding parishes. The litigation is still ongoing, as people are blaming their losses on shoddy engineering practices, negligent maintenance of the levies, and officials "looking the other way." No one knows if the victims of the Washington mudslides will be able to successfully litigate, as they were aware of the risks of living there, and decided to build homes there anyway. But you can bet that lawyers are busy now trying to find a responsible party with deep pockets.
A third news item this week involved certain cars that were finally recalled by General Motors, after 13 deaths have been attributed to faulty ignition switches. It has come out that GM knew of this problem for more than a decade before deciding to do something about it. This issue calls to mind the 2009 recall done by Toyota centered on unintended acceleration. Several deaths were attributed to this engineering problem, and Toyota last year settled the pending cases for 1.1 billion dollars.
Many of you know that my day job is in the insurance industry. I make indemnity benefits to claimants who are injured on the job. If you will bear with me, here is another legal definition. (I promise to get to the point soon).
indemnity n. the act of making someone "whole" (give equal to what they have lost) or protected from (insured against) any losses which have occurred or will occur. (See: indemnify)I am sure that the fishermen in Valdez, Alaska do not feel "made whole" by the reduced monetary judgement against Exxon. Certain families in New Orleans are still homeless after almost 10 years. And no amount of money offered by Toyota could counter the overwhelming sense of loss felt by the families of those killed.
Yesterday I was going about my business in my office, and the words to an old hymn came to mind. "Lord Jesus, I long to be perfectly whole..." I haven't sung this hymn in ages. In fact, I had to look up the words online to recall the rest of the song. But somehow it fit--I was going about the business of indemnifying people for losses suffered, sometimes for accidents they themselves caused (although my state does not compensate for intentional acts, Workers Compensation is a no-fault insurance--it does not penalize for accidents caused by stupidity), and some who were injured through no fault of their own. Yet the limits posed by the laws of the various states mean that no one is ever really "made whole" in terms of restitution.
The 5th chapter of Romans talks about the "first" Adam, through whom sin came into the world, and contrasts him with Jesus, the "second Adam" through whom comes redemption. We are all intrinsically more like Adam than like Christ--we are all born with a sin nature. "Therefore, just as sin entered the world through one man, and death through sin, and in this way death came to all men, because all sinned." (Romans 5:12.) Some lawyers might argue that this was a manufacturer's defect, but God, the perfect judge, would strike down that argument, since we were all created in His image. Sin is a choice made by each man, although we are predisposed toward it by heredity. "For if, by the trespass of the one man, death reigned through that one man, how much more will those who receive God's abundant provision of grace and of the gift of righteousness reign in life through the one man, Jesus Christ." (Romans 5:17)
In other words, we are broken. The template (Adam) was flawed. But as the song goes, we all long to be made whole. We have a strong desire to be perfect. In ourselves, it is impossible; but with God, all things are possible. He sent Jesus, the "second Adam", to be a new template, a better man. We can jettison the old man, and take advantage of God's grace to connect with the New Man, Christ Jesus. By accepting His sacrificial give of atonement, we can be redeemed into a right relationship with God, not through our own righteousness, but in His alone. "Consequently, just as the result of one trespass was condemnation for all men, so also the result of one act of righteousness was justification that brings life for all men." (Romans 5:18)
How do we turn in our old selves and become new? Jesus answered this in John chapter 3: we must be born again. We must step out of the darkness and into His light. We must choose to follow Him. "Whoever believes in Him is not condemned, but whoever does not believe is condemned already because he has not believed in the Name of God's one and only Son." (John 3:18). We cannot assume that God will replace our brokenness, redeem us, indemnify us, if we refuse to take His free gift.
We often see television commercials and billboards about joining a Class Action Suit if we think we were harmed by some defective product or service. If you were harmed, but do not join the Class Action, then you are barred from receiving the benefit. It does not come automatically--you must act. In the same way, we must consciously put aside our sinful nature, and take on the grace of God through an act of faith. It could be a public profession, or it could be a private prayer.
Lord Jesus, I long to be perfectly whole;
I want Thee forever to live in my soul.
Break down every idol, cast out every foe;
Now wash me, and I shall be whiter than snow.RefrainWhiter than snow, yes, whiter than snow.
Now wash me, and I shall be whiter than snow.Lord Jesus, let nothing unholy remain,
Apply Thine own blood and extract ev’ry stain;
To get this blessed cleansing, I all things forego—
Now wash me, and I shall be whiter than snow.RefrainLord Jesus, look down from Thy throne in the skies,
And help me to make a complete sacrifice.
I give up myself, and whatever I know,
Now wash me, and I shall be whiter than snow.RefrainLord Jesus, for this I most humbly entreat,
I wait, blessèd Lord, at Thy crucified feet.
By faith, for my cleansing, I see Thy blood flow,
Now wash me, and I shall be whiter than snow.RefrainLord Jesus, Thou see that I patiently wait,
Come now, and within me a new heart create;
To those who have sought Thee, Thou never told “No,”
Now wash me, and I shall be whiter than snow.RefrainThe blessing by faith, I receive from above;
O glory! my soul is made perfect in love;
My prayer has prevailed, and this moment I know,
The blood is applied, I am whiter than snow.Refrain
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