The Efficacy of Common Law in Public Policy

This chapter explores the limitations of legislative law in addressing public policy effectively, advocating for the adaptability of common law as a superior alternative. Through examples such as tort law and nuisance regulations, it highlights how common law evolves from historical experiences and local knowledge, contrasting it with broad legislative mandates that may miss essential nuances. The discussion ultimately calls for a renewed focus on common law principles to address modern challenges, underscoring the need for legal frameworks that can better respond to technological advancements and societal complexities.