Digital Commons @ Georgia Law Scholarly Works Faculty Scholarship 10-1-1987 The Evolution of Law: Continued Alan Watson University of Georgia School of Law,
[email protected] Repository Citation Alan Watson, The Evolution of Law: Continued (1987), Available at: https://digitalcommons.law.uga.edu/fac_artchop/494 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ Georgia Law. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact
[email protected]. The Evolution of Law: Continued Alan Watson In my book The Evolution of Law' I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrationsand for them and for other readerswho, whether convinced of the thesis or not, would like furtherevidence, I want here to bring forward a few extra significant examples. I In the first chapterI wantedto show that it is, above all, lawyers thinking aboutlaw, not societal conditions, that determinesthe shape of legal change in developed legal systems. I chose to show as the main example that it was the thoughtpattern of the Romanjurists, ratherthan conditions in the society at large, that determinedthe origins and nature of the individual Roman contracts, and that the jurists were largely unaffectedby society's realities.