Law changes by layered accretion rather than revolutionary overhaul.
Evidence
Some parts of the law are like the layers of geological formations. The new presses down on the old, displacing, changing, altering, but not necessarily wiping out everything that has gone before. Law, by and large, evolves; it changes in piecemeal fashion. Revolutions in essential structure are few and far between. — Lawrence M. Friedman, A History of American Law, 75
Categorization
- XREF: connects to: Landmark environmental statutes aspired to constitutional-level transformation, not ordinary lawmaking — Douglas A. Kysar, Regulating from Nowhere: Environmental…, 640; Fragmented U.S. lawmaking institutions structurally favor slow incremental change over sweeping reform — Richard J. Lazarus, The Making of Environmental Law, 170; Courts share an obligation to modernize outdated common-law rules — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2367 (+13 more)
Broader Connections
- Courts change policy through five distinct incremental mechanisms rather than just landmark rulings
#expands(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 3171 - Technological change forces courts to extend old statutes to unanticipated situations.
#exemplifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1421 - A legal principle emerges from a long line of decisions.
#expands(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 - The common law adapts to social and economic change
#corroborates(0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311 - Legal systems change in response to social and technological shifts
#corroborates(0.82) — Lawrence M. Friedman and Grant M. Hayden, American Law, 118 - 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