The law is evolving faster than at anytime in the history of our country. The reason is blog software.
The law is not limited to what state or federal legislatures pass or courts decide. The law evolves because of an ongoing discussion of the law and society taking place in the writings of legal professionals.
This writing has exploded, and exploded on more niches than we could have every imagined because of a blog software.
Gatekeepers, whether large publishing companies, associations or law schools, no longer control who publishes and what they publish.
Lawyers and law professors spend hours and, in some cases, days, penning articles. They release this content openly on blog software. If the content were sold and put behind a paywall, we’d have less access to the law and impede the evolution of the law.
Law reviews and law journals have largely become irrelevant. Judges, lawyers and the public are accessing the law through the net. Lawyers are entering into “discussions” about the law by referencing what other lawyers are penning on blog software. These discussions, the blogs and other writings, are being cited.
Law evolves in abstract ways. Take the evolution of a jury instruction. An instruction that can and will decide a case at trial and establish the law when the instruction is ruled upon by an appellate court.
Serving on a the jury instruction committee for my state trial lawyer’s association, back when I was practicing law, we crafted instructions and commented on others to submit to our state’s judges. We were influencing an evolving law.
Today, bloggers, and others writing on blog software, are influencing judges and state houses on niches that never existing before. We didn’t have niches such as fashion law, food safety law, cruise law or cannabis law.
One can argue that existing law is being applied to these niches (the law of the horse), but that’s not the case when laws are evolving to cover these niches because of the influence of blog software users and their work being cited from state houses to courts.
The speed at which the law is evolving may not be readily apparent to all, but it’s happening. Because of blog software.