Outdated judicial precedent


Nature

The rapid social changes of the 20th century have paralysed the judicial process, which is based on past precedents that were established in a context that is now outdated and in situations of totally different experience. The basis of the process on property and individual rights over-emphasizes and over-protects the individual. This was the cutting edge of man's struggle in the 17th century, and may be still valid; but it needs to be employed in the context of freedom to participate in all the aspects of 20th century corporate welfare.


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