An important theme in the study of law is the recognition that the law must evolve. If you think about it, it should make sense. It may sometimes be important to understand the circumstances and context in which certain Constitutional language was written, but asking, for example, what the Founding Fathers thought about computer hacking is pointless – there were no computers back then. Society changes; values change; technology changes; and so must the law.
Sometimes the law provides support or a backbone for changes in society or its values once these changes take place. Sometimes the legal system is asked to provide direction for society as these changes are developing. We will look at an example of each of these situations.
First, can you think of any examples of where the law has changed because society or its values had changed? Or, can you think of any examples of society looking to the legal system for direction in figuring out what to do with regard to some new societal issue or concern?