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