Lessons from History
Evolution of the football from an article in Smithsonian Magazine. Link Below.
I was a history major at Davidson College. I love history, and I think it has much to teach us.
We would do well to stop and consider it even as we live in a go-go world with rapidly advancing technology.
This is true in both football and the law.
Football has evolved enormously from its beginnings as a rugby-like game. One need look no further than the evolution of the ball itself – from a nearly round object to a sleek oblong/oval more suitable for throwing.
The rules and equipment have evolved too, but some things remain staples. Blocking. Tackling. Running. Kicking.
The essence of football is one of a violent collision sport that requires certain athletic and mental attributes to play. We must be careful not to undermine what has always made the game great and sacrifice it at the altar of our obsession with physical safety at all costs.
Rule changes and advancements in technology are fine if they can be incorporated into the game without changing its essence.
Our laws are also firmly rooted in the concept of the importance and relevance of history. Indeed, the law is replete with the concepts of precedent, res judicata, law of the case and other nods to historical cases and documents. We take great care to discern the meaning, purpose, and intent of those who came before us.
In our rush to incorporate things like AI into the law, it’s important to remember history, fundamentals, and the purpose or essence of the law. We want competent and authentic evidence to be presented in court into an adversarial process designed to reach the truth of a disputed matter.
We must be careful not to undermine what has made our legal system great and sacrifice at the altar of our obsession with technology and everything new.
Rule changes and technological advancements are acceptable if they can be incorporated into the law without changing its essence.
Change isn't good. Good change is good; bad change is bad.
Balance -- of which history and original intent are enormously important.
Image Source: https://www.smithsonianmag.com/arts-culture/how-did-the-pigskin-get-its-shape-63180450/
