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The Role of Ideals in Legal Dynamics

By W. (Wibren) van der Burg


Introduction \ud It is almost a platitude to say that we live in a highly dynamic world. The introduction of.\ud new information and communication technologies and biotechnology and the globalization\ud of our economies ate just two of the many factors that lead to rapid changes in our\ud modern societies. Of course, the law tries to keep up with these changes, but often it is\ud not very successful. Leglsiative processes take much time and new statutes are\ud sometimes already partly outdated at the moment they enter into force. The judiciary\ud may try to respond to the changes, but usually has limited possibilities to do so,\ud especially when the social or technological changes are so fundamental as in the field\ud of, for example, the Internet. \ud The rapid changes thus constitute a challenge to law. How can the law keep up with\ud them? Are statutory changes. and the gradual evolution of case law still adequate to\ud adapt the law in the books to the reality outside? Or should we perhaps focus on different\ud processes of legal change? \ud ..

Year: 2004
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