Reframing Hindu law as changeable law enables its reform.

Evidence

When invention is active, when industry, commerce and transportation bring about new forms of human relations and when community relations change because of the extension of ethical and moral ideas, the law is able to keep pace with the variety and subtlety of social change. … Old” new law may sometimes give way to “new” new law. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311 (#expands, via linked claim)

But pragmatists are not content with a vague neotraditionalism. They know it will not do to tell judges to resolve all doubts against change and freeze law as it is, let alone to return to some past epoch in legal revolution (1950? 1850?). As society changes, judges, within the broad limits set by the legislators and by the makers of the Constitution, must adapt the law to its altered environment. No version of traditionalism will tell them how to do this. For this they need ends and an awareness of how social change affects the appropriate means-how, for example, the coming of the telegraph and the telephone altered the conditions for regulating contracts. They need, in short, the instrumental sense that is basic to pragmatism. — Richard A. Posner, What Has Pragmatism to Offer Law?, 123 (#expands, via linked claim)

It permits the law to move with the times, as aptly illustrated by Cardozo’s comparison of the automobile wheels to those of the stagecoach. It is the counter-agent of attempts to embalm legal precepts. It permits the elasticity necessary in order to hearken to the adage: “The law must be stable, but it must not stand still.” — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 (#expands, via linked claim)

Categorization

  • XREF: connects to: 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; The common law adapts to social and economic change — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311; Pragmatism requires judges to adapt law to social change, not freeze it. — Richard A. Posner, What Has Pragmatism to Offer Law?, 123 (+3 more)

Broader Connections