LIBERTY LEGAL JOURNAL Spring/Summer 2016 | Page 23

Scripture does not discourage human reasoning. On the contrary,
there is scriptural support for the use of reasoning. A biblical view
of humanity includes the understanding that human beings were
created in the image of God.12 And the nature of God, as evidenced in the account of creation and in the created universe, is
to bring order out of chaos.13 The order in the created universe
speaks of a divine logic; it includes amazing examples of mathematical relationships on the galactic and cellular levels.
A biblical view of humanity also includes the expectation that
human beings will consciously emulate certain aspects of God’s
character. For example, members of the New Testament church
are told to “be imitators of God as dear children…”14 Although
this exhortation was written as an admonition for people to imitate God’s forgiving nature, it contains a broad principle, which
can include an admonition to imitate God’s orderliness and logic.

*Barbara Massie Mouly is an Associate Professor of Law at Liberty University School of
Law. She teaches Torts, School Law, and Lawyering Skills. She is a graduate of George
Mason School of Law and is a member of the Virginia State Bar. She has practiced in the
areas of products liability and nursing home malpractice. She has served on the School
Board of Albemarle County, Virginia.

There is a biblical recognition of the value of the use of reason in
that Scripture advises one not to take things at face value. For
example, Scripture indicates that a person who believes everything
he hears is “simple” and not “prudent.”15 Scripture further admonishes members of the New Testament church to “test all things.”16
Thus, as beings created in God’s image, who are supposed to emulate God’s character, and who are advised to think things through,
it is fitting that we use our ability to reason. Our reasoning is
flawed but we are supposed to use it. Therefore, it is fitting, from
a biblical perspective, to judge an actor who has caused injury to
another, by using as a standard the reasonableness of that actor’s
conduct.

Conway v. O’Brien, 111 F.2d 611, 612 (2d Cir. 1940).

8

In wrongful death cases, it will be necessary to quantify the value of the services and
society of the deceased person in order to determine damages. This is a decidedly different
analysis than quantifying the value of human life in order to determine if there is a duty
owed to persons whose lives are likely to be endangered by an actor’s conduct.
9

1-4 Virginia Model Jury Instructions - Civil Instruction No. 4.000.

10

See, e.g., Hulle v. Orynge, [1466] Y.B.M. 6 Edw. IV, folio 7, placitum 18 (K.B.).

11

Brown v. Kendall, 60 Mass. 292 (1850).

12

1
2
3

One common definition of “reasonable” is “possessing sound judgment.” Reasonable,
Merriam-Webster.com, http://merriam-webster.com/dictionary/reasonable (last visited
April 14, 2016).
4

Exodus 21:18-19 (New King James).
Isaiah 55:8.
Genesis 1:26-27.
Genesis 1:1-31.

13

Ephesians 5: 1.

14

Proverbs 14:15.

Chicago B. & Q.R. Co. v. Krayenbuhl, 91 N.W. 880, 883 (Neb. 1902).

15

United States v. Carroll Towing Co., 159 F.2d 169, 173 (2d Cir. 1947).

16

5
6

I Thessalonians 5:21-22.

Id.

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SPRING/SUMMER 2016 | LIBERTY LEGAL JOURNAL | page 23