The development of private law across the common law world is
typically portrayed as a series of incremental steps, each one
delivered as a result of judges dealing with marginally different
factual circumstances presented to them for determination. This is
said to be the common law method. According to this process, change
might be assumed to be gradual, almost imperceptible. If this were
true, however, then even Darwinian-style evolution-death of... more...