Law is the strongest device for freezing relations against inner change

Evidence

Evidently, the strongest external measure for fixing internally variable relations is law. Examples are the marital form, which unyieldingly confronts changes in personal relationship; the contract between two associates, which continues to divide business profit evenly between them, although one of them does all the work, and the other none; membership in an urban religious community that has become completely alien or antipathetic to the member. — Georg Simmel, on individuality and social forms_…, 779

Categorization

  • SHARE: The unequal-contract example, one partner doing all the work while profit splits evenly, is a crisp case a friend in contract law would enjoy.
  • XREF: connects to: Formalism disguises the need for judicial choice by freezing rule meaning — HLA Hart, The Concept of Law (Clarendon Law…, 370; Religion-as-law freezes iniquitous rules into eternally fixed commands.; 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 (+1 more)

Broader Connections