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.
When my nephew, who’s now in his mid-40s, was about six years old, he was given a homework assignment that he found frustrating and he just didn’t want to finish it, but his mother made him sit down and do it rather than something else more to his liking. In his frustration, he blurted out, “I hate you!” My late sister-in-law responded calmly, “That’s too bad because I love you.” After a moment of reflection, my nephew amended his angry outburst: “I love you, too,” he said, “but I don’t like you right now.”
It had gone on so long she couldn’t remember a time that wasn’t like this. She lived in constant fear. She wasn’t just cranky and out-of-sorts; she was terrified. Her life wasn’t just messy and disordered; it was perilous, precarious, seriously even savagely so. It was physically and spiritually draining, like being whipped every day.
