Codified law ages while human circumstances change continuously
Evidence
“A code, however complete it may appear, is no sooner promulgated thati a thousand unexpected questions are presented to the judge. Because the laws, once writen, remain as they were written. Man, on the contrary, never remains the same, he changes constantly; and this change, which never stops, and the effects of which are so diversely modified by circum- stances, produces at every instant same new combination, some new fact, same new result. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4655
Categorization
- XREF: connects to: Civil codes promulgated as exclusive sources still cannot anticipate all disputes — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4638; Prospective overruling can stratify private law into dated temporal layers — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2847; A law that has lost its content becomes indistinguishable from life (+8 more)
Broader Connections
- A law that has lost its content becomes indistinguishable from life
#expands(0.85) - Caste law becomes doubly iniquitous by being fixed forever across changing conditions
#exemplifies(0.85) — Ambedkar, B R, Annihilation of Caste_ The Annotated…, 997 - Legal systems change in response to social and technological shifts
#corroborates(0.85) — Lawrence M. Friedman and Grant M. Hayden, American Law, 118 - Inductive reasoning allows the law to adapt to changing societal times.
#expands(0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 - The common law adapts to social and economic change
#expands(0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311 - Fixed moral universals regulate and restrain changeable legal norms
#complicates(0.80) — Wael Hallaq, Restating Orientalism, 658 - Legal classifications and rules evolve through ongoing application to cases
#responds-to(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 - Norms of proper judicial conduct vary across courts and over time
#exemplifies(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 2610 - Formal law substitutes for the informal norms of homogeneous societies
#complicates(0.72) — Lawrence M. Friedman and Grant M. Hayden, American Law, 1433