Technological change creates personal-relations harms that rigid common-law rules cannot address
Evidence
In the social evolution, with the march of the arts and sciences and in the resultant effects upon organized society, it is quite intelligible that new conditions must arise in personal relations, which the rules of the common law, cast in the rigid mould of an earlier social status, were not designed to meet. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1127
Categorization
- XREF: Instantaneous photography as a new technology outpacing common-law remedy connects to a larger thread of law lagging behind technological change—relevant to the polyad’s law/institutions and observation-as-method threads. — connects to: Equity must extend common-law principles to novel wrongs produced by new social conditions — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1127; The modern pursuit of novelty destabilizes fixed social and legal boundaries; Electronic harms carried out remotely escape personal moral control because outcomes stay diffuse — Albert Bandura, Moral Disengagement: How People Do Harm…, 477 (+4 more)
Broader Connections
- Electronic harms carried out remotely escape personal moral control because outcomes stay diffuse
#exemplifies(0.80) — Albert Bandura, Moral Disengagement, 477 - The modern pursuit of novelty destabilizes fixed social and legal boundaries
#expands(0.75) - The common law adapts to social and economic change
#contradicts(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311