Prospective overruling can stratify private law into dated temporal layers

Evidence

Notice the layers of time in ;khich the law about “nonoccupational” disability clauses exists in Kentucky as a result of the decision: the Bryant rule for policies issued before 1913; the O’Brien rule for policies issued from 1913 to 1943; and the Bryant rule for policies issued after 1943. If this layering of the law became general in Kentucky, would it be a good thing? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2847

Categorization

• XREF: connects to: Prospective overruling shifts the judge role toward a political overreaching that no theory contains — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2850; Codified law ages while human circumstances change continuously — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4655; Law changes by layered accretion rather than revolutionary overhaul. — Lawrence M. Friedman, A History of American Law, 75 (+2 more)

Broader Connections

• Codified law ages while human circumstances change continuously #expands (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4655
• Law changes by layered accretion rather than revolutionary overhaul. #corroborates (0.80) — Lawrence M. Friedman, A History of American Law, 75
• Private contracts can functionally entrench policy by making future change extremely expensive #expands (0.75) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 163