Due process has content that shifts with time, place, and circumstance
Evidence
Therefore it appears that the kind of reasoning involved in the legal process is one in which the classification changes as the classification is made. The rules change as the rules are applied. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 (
#expands, via linked claim)
It permits the law to move with the times, as aptly illustrated by Cardozo’s comparison of the automobile wheels to those of the stagecoach. It is the counter-agent of attempts to embalm legal precepts. It permits the elasticity necessary in order to hearken to the adage: “The law must be stable, but it must not stand still.” — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 (
#corroborates, via linked claim)
Some reforms—for instance, the creation of the federal courts of jurisdictional appeals—have undoubtedly produced a more efficient administration of justice. The verdict on others, among them state court consolidation, is less clear. What is clear, however, is that structural changes have had diverse—and at times unanticipated—effects on the role that courts play in governing. As burgeoning caseloads prompt renewed calls for reform, wise reformers will keep in mind the broader effects that their efforts to alleviate caseload pressures might produce. — G. Alan Tarr, Judicial Process and Judicial…, 459 (
#instantiates, via linked claim)
Categorization
- XREF: connects to: Court structural reforms produce diverse and often unanticipated governance effects — G. Alan Tarr, Judicial Process and Judicial…, 459; Due process means procedural fairness shaped by context rather than fixed content — G. Alan Tarr, Judicial Process and Judicial…, 806; Legal classifications and rules evolve through ongoing application to cases — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 (+2 more)
Broader Connections
- Legal classifications and rules evolve through ongoing application to cases
#expands(0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 - Inductive reasoning allows the law to adapt to changing societal times.
#corroborates(0.78) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613