ing the common law were expected to rely upon basic principles of law, which reflected the societal customs and values of the period. Overtime, the judiciary developed specialized approaches for dealing with particular types of issues, and each successive factually similar case was decided in a similar fashion. These specialized methods for dealing with particular is- sues formed a body of legal precedent. This meant that judges did not have to "reinvent the wheel" when cases arose that were factually similar and that prior decided cases had precedential value in assisting the judges in deter- mining future cases. Of course, cases maintained precedential value only as long as societal customs and values supported the application of such prece- dent to particular issues. For example, much of the early colonial criminal law focused on regulat- ing and punishing crimes that offended the "morals" of society. This stan- dard led to the infamous Salem witch trials, as well as to numerous prosecutions for "crimes" such as fornication, profanity and failure to at- tend church. Gradually however, as a result of industrial and economic ex- pansion, the criminal law began to shift its focus away from the regulation of morals to the regulation of property and economic relationships. In light of this new economic emphasis, many of the laws and decisions relating to crimes against morality were overshadowed and rarely enforced. Nonethe- less, it is interesting to note that criminal statutes outlawing fornication and adultery can still be found in many state statutes today, although most are rarely if ever enforced. Perhaps one explanation for the continued presence of these statutes is that few state legislators relish the idea of going on the public record in calling for the repeal of these morality-based statutes. Another example of the gradual evolution of the common law is the crime of theft (discussed later). English legal historian and jurist William Blackstone , in his classic statement of the common law, Commentaries on the Laws of England, defined larceny as the "felonious taking and carrying away of the personal goods of another." This definition was adequate as long as economic relationships were simple. However, as capitalism grew and as banks and corporations entered the economic picture, it became clear that Blackstone's definition was far too specific to encompass new forms of property such as bank notes and stock certificates. Therefore, theft laws had to be modified to meet the changing demands of economic progress and the new forms of criminality that accompanied that progress. To a certain ex- tent, this evolutionary process is still apparent in modern theft statutes. For example, modern theft statutes were not broad enough to address the enor- mous growth in the area of computer technology. Specifically, as the defini- tion of property in many theft statutes did not encompass the theft of -2- |