Negligence letting an obsolete statute stand enables later legal abuse.
Evidence
The “appropriation” method had never been used anywhere except in remote forests. It had never been intended for use in city, suburban or farm areas. Taking a man’s land and telling him it would be paid for later was simply unheard of if the land had any substantial intrinsic value, as it always did in settled areas, and not just the value of things on it, such as trees. Moreover, the method had never been used anywhere for more than thirty years because of doubts about its constitutionality. But the Legislature had never gotten around to repealing section fifty-nine. — Robert A. Caro, The Power Broker, 775
Categorization
- XREF: connects to: Legal rules resting only on past authority deserve condemnation when their rationale has lapsed — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067; Courts share an obligation to modernize outdated common-law rules — Henry M. Hart, Jr.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; Respect for precedent keeps courts from reversing failed policies. — G. Alan Tarr, Judicial Process and Judicial…, 1482
Broader Connections
- Legal rules resting only on past authority deserve condemnation when their rationale has lapsed
#corroborates(0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067 - Courts share an obligation to modernize outdated common-law rules
#complicates(0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2367 - Respect for precedent keeps courts from reversing failed policies.
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1482