Society And Legal Change 2Nd Ed

Preface

PREFACE The argument of this book is that in the West rules of private law have been and are in large measure out of step with the needs and desires of society and even of its ruling elite; to an extent which renders implausible the existing theories of legal development and of the relationship between law and society. The ability and readiness of society to tolerate inappropriate private law is truly remarkable. The main but by no means sole cause of this divergence is inertia, a lack of serious interest in developing legal rules to a satisfactory point and in changing them when society changes. Theorists seeking to understand the nature of law have neglected the significance of inertia and the longevity of legal rules. Lawyers in fact have exaggerated the role of private law rules in promoting the well-being and happiness of society; society's essential stake in these rules is the avoidance or settlement of conflict, and for that their quality is of secondary importance. In the discussion the historical dimension of law is stressed. A legal rule has its being not only in the present but in the past, and the future develops from the present. As always I have been lucky in my friends. Too many to be mentioned here discussed problems with me, but at one stage or another David Bentley, Prodromos Dagtoglou, Tony Honore, Sandy McCall Smith, Neil MacCormick, and Gianfranco Poggi all read a draft to my great benefit. So did John Barton and Otto Kahn-Freund, both of whom went far beyond what could reasonably be expected from friends and colleagues in pointing out deficiencies and suggesting improvements. A kind invitation from the Faculties of Arts, Law, and Social and Environmental Studies at the University of Liverpool to deliver six lectures on this subject in January and February, 1976 gave me a welcome opportunity to test reactions to my thesis. I could not here thank by name all those who provided stimulus, criticism and hospitality , but my gratitude extends to all individually. As on previous occasions Mrs. Mary Schofield coped admirably with an untidy manuscript. Finally, I must thank the Leverhulme Trust which allowed me to Copyrighted Material Preface xix use the remainder of a research grant (awarded for a different purpose ) to visit libraries to collect material and discuss points with European scholars. Edinburgh April,1976 Copyrighted Material Alan Watson ...