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Among the core values of law are predictability, certainty, stability, and consistency. The values and goals of legal systems reinforce each other. They are reflected in doctrines such as res judicata, collateral estoppel, and stare decisis. Reviewing writings of Professor Manfred Wandt regarding duties of disclosure1 and product liability tort law,2 I was reminded of the dynamic nature of law. Although particular case outcomes may not be relitigated (per res judicata/claim preclusion and collateral estoppel/ issue preclusion) and legal determinations are subject to stare decisis (the presumption that legal rules and doctrine should not change absent compelling circumstances), the legal principles that determined past case outcomes may nonetheless evolve over time, even to the point of 180-degree change.

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A Topography of Legal Change and an Example of Unfinished Business for Insurance

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  • 发表日期：

    2025年

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  • Jeffrey W Stempel

摘要

Among the core values of law are predictability, certainty, stability, and consistency. The values and goals of legal systems reinforce each other. They are reflected in doctrines such as res judicata, collateral estoppel, and stare decisis. Reviewing writings of Professor Manfred Wandt regarding duties of disclosure1 and product liability tort law,2 I was reminded of the dynamic nature of law. Although particular case outcomes may not be relitigated (per res judicata/claim preclusion and collateral estoppel/ issue preclusion) and legal determinations are subject to stare decisis (the presumption that legal rules and doctrine should not change absent compelling circumstances), the legal principles that determined past case outcomes may nonetheless evolve over time, even to the point of 180-degree change.