Bennett Moses, Lyria
Often it is better to wait and allow the common law to develop its response before rushing in with new statutes. Because common law rules are inherently more flexible, statutory law reform risks reducing the law's ability to respond to future change.

The adaptability of the common law to change

It might be thought that there can be no question about the ability of the common law to change - it is its hallmark. Its ability to adapt to change is what is often said to set it apart from codif...

Moving forward, it's essential to keep these visual contexts in mind when discussing Adapt In Burning Common Law.
STEPHEN MCLEISH* Modern conditions appear to pose challenges to the future of the common law . The range, volume and complexity of relevant and accessible material with which the common law has to deal have all grown rapidly. Statutory law has undergone corresponding growth, in a context where fundamental issues concerning the interaction between statutory and common law remain unresolved ...
PDF Climate Change
The common law inherently involves a "creative element of both inductive and deductive reasoning in the work of the courts", especially higher appellate courts.6 Our premise and central argument is that the creative element of the common law will respond to meet the challenge of climate change litigation through orthodox application of the ...
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