Do you all know what a tort is? Tort … T-O-R-T … no E on the end; I’m not talking about those wonderful little German or Austrian pastries. A tort is a civil wrong that causes harm to another person, resulting in legal liability for the person who commits the wrong. You leave a puddle of milk on the floor of your grocery store knowing it’s there, then someone slips in it and injures themselves: you have committed a tort. You speed through a stop sign, collide with another car, and injure the driver: you’ve not only broken the law, you’ve committed a tort.
A million years ago when I was in law school studying the law of torts with Professor Bill Lynch of blessed memory, I was introduced to the superhero of Anglo-American civil jurisprudence: the ordinary, reasonably prudent person, often called “ORPman”. ORPman’s super power, as you can tell from his name, is ordinary, reasonable prudence. His conduct is the standard against which allegedly tortious behavior is judged. His conduct is always sensible, never outrageous, not too timid, nor too bold. He is not a coward, but neither is he an excessive risk-taker. His expectations are rational; he is not demanding, but neither is he a doormat.
We “boast in our sufferings,” writes Paul to the Romans, “knowing that suffering produces endurance, and endurance produces character, and character produces hope, and hope does not disappoint us….”
It’s the last Sunday of the Christian year, sort of a New Year’s Eve for the church. We call it “the Feast of Christ the King” and we celebrate it by remembering his enthronement. Each year on Christ the King Sunday we read some part of the crucifixion story. As Pope Francis reminded the faithful in his Palm Sunday homily a few years ago, “It is precisely here that his kingship shines forth in godly fashion: his royal throne is the wood of the Cross!”
