"Courts have a duty to reappraise old doctrines in the light of the facts and values of contemporary life--particularly old common law doctrines which the courts themselves created and developed.
"As we have said before, 'The continued vitality of the common law . . . depends upon its ability to reflect contemporary community values and ethics.'
"Some courts have realized that certain of the old rules of property law governing leases are inappropriate for today's transactions [think of the principle beyond the lease]. In order to reach results more in accord with the legitimate expectations of the parties and the standards of the community, courts have been gradually introducing more modern precepts of contract law in interpreting leases.
"Proceeding piecemeal has, however, led to confusion [important!] where 'decisions are frequently conflicting, [why?] not because of a healthy disagreement on social policy, but because of the lingering impact of rules whose policies are long since dead.'"
I really like that. :)
I remember my first, week maybe? of law school we had an event called the Founder's Day Dinner, with Justice Monroe McKay as our speaker. He talked a lot about the principle of really looking at what we're doing to make sure that our actions are actually leading us to the results we want, that we should avoid temptations to just get stuck in old habits that are no longer beneficial. He used our current prison system as an example, discussing high recidivism rates, rehabilitation versus penalization, etc.
And he gave this really wonderful poem that I have meaning to share but haven't yet.
::What have you preserved from your frenzy?
A lamp that flickers; an eye that weeps.
::What is there from the storm, that you withstood?
A mournful leaf, that has not yet found rest.
::What has love done in your heart?
It has made me understand the pain of the lonely.
::What remains of all the glory that surrounded you?
Nothing but a singing memory.
-H.W.J.M. Keuls
thoughts?
No comments:
Post a Comment