Common law evolves incrementally and its influence across states rests on persuasion.

Evidence

Although a state court’s decision may constitute authoritative precedent within the state, its acceptance beyond the state’s borders depends not on the authority of the court but on the persuasiveness of the arguments supporting the decision, particularly when a court departs from established principles of the common law and charts a new direction. Although the common law is dynamic rather than static, decisive breaks with past decisions are rare. Change in the common law tends to be incremental, a gradual case-by-case modification of legal standards in response to shifts in the character and values of the society. — G. Alan Tarr, Judicial Process and Judicial…, 1434

Categorization

• XREF: connects to: The common law adapts to social and economic change — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311; Implicit negotiation between courts and legislatures shapes common law even absent statute — G. Alan Tarr, Judicial Process and Judicial…, 3539; Inductive reasoning allows the law to adapt to changing societal times. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 (+5 more)

Broader Connections

• The common law adapts to social and economic change #expands (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311
• Legal classifications and rules evolve through ongoing application to cases #expands (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243
• Implicit negotiation between courts and legislatures shapes common law even absent statute #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3539
• Inductive reasoning allows the law to adapt to changing societal times. #corroborates (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613
• Courts change policy through five distinct incremental mechanisms rather than just landmark rulings #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3171
• A legal principle emerges from a long line of decisions. #expands (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134
• The American legal system is common law yet distinctive for judicial policymaking #corroborates (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 213