The Judge in a Democracy
Chapter One
BRIDGING THE GAP BETWEEN LAW AND SOCIETY
The law regulates relationships between people. It reflects the values of
society. The role of the judge is to understand the purpose of law in
society and to help the law achieve its purpose. But the law of a society
is a living organism. It is based on a factual and social reality that is
constantly changing. Sometimes the change is drastic and easily
identifiable. Sometimes the change is minor and gradual, and cannot be
noticed without the proper distance and perspective. Law's connection to
this fluid reality implies that it too is always changing. Sometimes a
change in the law precedes societal change and is even intended to
stimulate it. In most cases, however, a change in the law is the result of
a change in social reality. Indeed, when social reality changes, the law
must change too. Just as change in social reality is the law of life,
responsiveness to change in social reality is the life of the law.
These changes in the law, caused by changes in society, are sometimes
appropriate and sufficient. The lega ... read full excerpt from The Judge in a Democracy ebook
