Common-law doctrine’s pre-industrial concepts need reformulation for the industrial corporation.
Evidence
The need is vital because the whole conceptual structure of our ‘law” - law (concepts, rules, principles) needs reformulation to adjust a pre-industrial body of thought to an industrial civilization: consider merely “Contracts*, thought of in terms of A and B and C, or ‘Property”, in the image of “my house”, hen applied to the use, control and revenue structure of the modern investment-seeking corporation. Here there is work for fifty years of top-flight appellate judging. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2325
Categorization
- ADDENDUM: Connects to the reader’s environmental-justice/institution thread and parallels the trees-as-infrastructure piece on updating inherited conceptual schemes for changing conditions.
- XREF: Echoes ch28 on property as exclusion and the difficulty of stretching ‘my house’ imagery to corporate structures. — connects to: Judges are layered products of legal, judicial, national-bench, and period-style conditioning. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2304; The Industrial Revolution required pre-existing commercial, legal, and labor institutions — Cedric J. Robinson, Black Marxism_ The Making of the Black…, 218; Industrialization required pre-existing commercial, legal, and financial infrastructure. (+1 more)
Broader Connections
- The common law adapts to social and economic change
#contradicts(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311 - The Industrial Revolution required pre-existing commercial, legal, and labor institutions
#corroborates(0.75) — Cedric J. Robinson, Black Marxism_ The Making of the Black…, 218 - Industrialization required pre-existing commercial, legal, and financial infrastructure.
#corroborates(0.75)