Evolving Legal Standards: Navigating Harms and Judicial Certainty

This chapter examines the intricate balance between addressing modern harms through the legal system and maintaining judicial consistency, underscored by the speaker's dual perspective as both plaintiff and defense counsel. Utilizing the case of Alawalia, it illustrates how the law must adapt to contemporary issues like online behavior and evolving societal norms. The discussion highlights the relationship between common law changes and legislative efforts, emphasizing the importance of clear judicial precedents and cautious adaptations within the legal framework.