The timely update of restatements is as vital as their drafting and writing. These are considered the secondary authority in law directly prepared by research in a jurisprudential manner. Since jurisprudence is nothing but the reflection of society and the society tends to evolve with time. Therefore, a balance has to be maintained between the societal interest at present and of past time.
That is why the law has to be updated. The update process of restatements is also similar to their drafting except for some procedures.
The ALI holds complete authority as to in what manner these restatements will be updated. And, which one of them will require repeal or redrafting
The restatement update is complete by publishing the next series, and it does not mean that the latest series makes the earlier one redundant. Instead, both are equally relevant because sometimes later series is not clear then for clarity, an earlier one is required.
Primarily for most of the restatements, there are two series. However, some restatements are get published in the third series.
The updates and series of restatements are then published in ALI’s annual or quarterly reports.
Drafting of Restatements
ALI is the governing body that publishers the restatement or treatises. It also drafts the treatises. Drafting these is not a simple job but a time-consuming and analytically difficult one to perform. That is why the ALI adopts a series of steps while preparing these drafts.
These steps are as follows.
First, the ALI divides a particular law topic into numerous prevailing, critical legal issues.
Then related to be a legal issue, it writes separate rule. These rules are referred to by the states and, in some cases, by the drafting committee.
Each rule is marked separately with a section number. The comments are added to explain the adoption of these rules.
If required, these comments can have some illustrations too because sometimes comments are much difficult to understand. Therefore, to explain that how the rule would apply in an actual situation, an illustration helps.
Finally, “reporters notes” are included in restatements that provide the history and origin of the provision.
A reporter is an expert in law appointed by the ALI to conduct research and finalizes the draft of a restatement.
There may be different series of restatements. Currently, there are four series of various restatements published by ALI.
For some reason, if there is a legal void in the law of particular jurisdiction, then the most recent series makes it essential to be consulted.
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