Stability is sometimes unwisely chosen over progress in judicial lawmaking
Evidence
Here, I venture to believe, is a situation in which stability was unwisely chosen to the sacrifice of progress. Let us hope that through the aid of statute a better justice will prevail. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2557
Categorization
- recurring: this claim recurs 2 times within its source
- XREF: connects to: Courts may revise common-law rules even where legislatures have failed to act — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2368; Courts sometimes reach wrong outcomes to avoid bad future rules — Frederick Schauer, Thinking Like a Lawyer, 548; Respect for precedent keeps courts from reversing failed policies. — G. Alan Tarr, Judicial Process and Judicial…, 1482 (+2 more)
Broader Connections
- Respect for precedent keeps courts from reversing failed policies.
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1482 - Courts sometimes reach wrong outcomes to avoid bad future rules
#corroborates(0.72) — Frederick Schauer, Thinking Like a Lawyer, 548