Levi put it, "(t]he rules change as the rules. [fact]
Consequently, the common law process is not one of simply tracing the logical consequences of preexisting rules stated in the precedents. As Edward H. Levi put it, "(t]he rules change as the rules are applied. More important, the rules arise from a process which, while comparing fact situations, creates the rules and then applies them."
Burton, Steven J, An Introduction to Law and …, loc. 222