# Common law

`kaal:entity:common-law`

**Status.** derived

This node is assembled mechanically from the 5 claims that carry the concept tag `common-law`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

5 claims across 3 works, 2004 to 2025.

**2004**

- [617681-016](https://wulfkaal.github.io/claims/617681-016) [failure/argued] *(failure mode)* -- The weak link in a bundled package offered by a civil law Member State is likely to be its system of adjudication rather than its statute.
  > The weak link in the bundled package offered by a civil law jurisdiction is thus likely to be its system of adjudication rather its statute.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-018](https://wulfkaal.github.io/claims/617681-018) [mechanism/argued] -- Because the English common law system is gravitating toward a civil law approach that weights statutes more heavily than judicial interpretation, the value of a bundled package of statutes plus adjudication even in a European common law jurisdiction may not greatly exceed the value of the statutes standing alone.
  > The value of the "bundled package" of statutory law and adjudication provided by the state of incorporation even in a common law jurisdiction thus may not greatly exceed the value of the statutory law standing alone.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

**2025**

- [5554218-001](https://wulfkaal.github.io/claims/5554218-001) [mechanism/argued] -- Smart contracts disrupt the foundational principles of contract formation in both common and civil law jurisdictions, specifically offer and acceptance, consideration, and enforceability, because their automated and immutable execution lacks the flexibility that law derives from human negotiation and judicial oversight.
  > smart contracts disrupt foundational principles of contract formation, such as offer and acceptance, consideration, and enforceability, due to their automated, immutable execution, which lacks the flexibility of law, which is based on human negotiation and judicial oversight.
  Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218
- [5554218-008](https://wulfkaal.github.io/claims/5554218-008) [failure/argued] *(failure mode)* -- The adaptability of common law to smart contracts is strained when the coded mechanism itself violates a legal norm, as with smart contracts that enable automatic collateral repossession contrary to the Uniform Commercial Code's restrictions on strict foreclosure.
  > However, this adaptability is strained when smart contracts, such as those enabling automatic collateral repossession, violate legal norms like the UCC's restrictions on strict foreclosure.
  Furrer Andreas, Wulf A. Kaal, Universal Digital Law Codex (UDLC) Building the Legal Infrastructure for the Digital Era (2025). SSRN: https://ssrn.com/abstract=5554218
- [5887242-030](https://wulfkaal.github.io/claims/5887242-030) [mechanism/argued] -- Rarely cited vertices and edges decay exponentially according to a protocol-defined half-life, mirroring natural desuetude in mature common-law systems but operating continuously and transparently on-chain.
  > Conversely, vertices and edges that are rarely or never cited experience gradual, exponential decay according to a protocol-defined half-life (e.g., 5 % quarterly decay for uncited vertices). This mirrors natural desuetude in mature common-law systems but operates continuously and
  Wulf A. Kaal, The UDLC DAO Operationalizing a Continuously Evolving Universal Digital Law Codex Through Weighted (2025). SSRN: https://ssrn.com/abstract=5887242

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/common-law.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.