“… In this Essay I argue that legal innovation has similar characteristics to innovation in other areas although it is no less impressive and influential. I propose viewing legal innovation as an avenue of research to be examined within the context of the broader phenomenon of innovation. The phenomenon of legal innovation can and should attract more scientific attention just as innovation is explored in other disciplines. Part I will examine what innovation is and what we know about the process of innovation in non-legal disciplines. Part II will discuss the nature of legal innovation and show its similarities to the innovation process in other fields. Part III will suggest using tools from innovation research in other areas to deepen the understanding of the phenomenon of legal innovation. Part IV will illustrate the general insights with regard to legal innovation within the field of land law, an area of law generally deemed conservative and unamenable to innovation. I conclude with possible avenues for expanding the research of legal innovation in the future.”
Haim Sandberg, What Is Legal Innovation? 2021 University of Illinois Law Review Online 63 (Mar 17, 2021).
First posted 2021-03-17 16:00:16
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