Legal precepts evolve slowly as working hypotheses continually retested in courts
Evidence
As Munroe Smith stated, “The rules and principles of case law have never been treated as final truths, but as working hypotheses, continually retested in those great laboratories of the law, the courts of justice.” — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 644
Categorization
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 644
- XREF: connects to: Inductive generalization derives universal legal rules from repeated particular case outcomes — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 546; 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; Legal classifications and rules evolve through ongoing application to cases — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 (+16 more)
Broader Connections
- Legal classifications and rules evolve through ongoing application to cases
#corroborates(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 - A legal principle emerges from a long line of decisions.
#corroborates(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 - Deductive legal analysis applies established characteristic propositions to new cases
#expands(0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 680 - Stated precedent rules often fail to determine later case outcomes
#expands(0.60) — Burton, Steven J, An Introduction to Law and Legal…, 216 - Judicial generalization and analogical reasoning constitute the process of induction
#expands(0.55) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 676 - Legal reasoning employs both deductive and inductive processes iteratively.
#expands(0.50) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 312 - Legal rules resting only on past authority deserve condemnation when their rationale has lapsed
#qualifies(0.40) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067