THE PRIMARY OBLIGATION OF A JUDGE IS KEEP THE INEVITABLE EVOLUTION OF THE LAW ON A RATIONAL COURSE, BY BEING BOTH CONSERVATIVE (MAINTAINING TIES TO TRADITIONAL LEGAL VALUES) AND CREATIVE (DEVISING NEW APPLICATIONS OF THE LAW UNDER CONTEMPORARY CIRCUMSTANCES). THE CREATIVE ASPECT OF JUDICIAL DECISIONMAKING DOES NOT MEAN THAT THE JUDGE USURPS THE ROLE OF THE LEGISLATOR. IT IS THE TASK OF LEGISLATURE TO ENGAGE IN CONTINUOUS STUDY OF ALL AREAS OF A SOCIETY IN EVOLUTION TO DETERMINE WHERE AND IN WHAT FORM LAWS SHOULD BE APPLIED TO ESTABLISH ORDER, DEFINE JUSTICE, AND RESOLVE CONFLICT. LEGISLATURES HAVE THE UNIQUE TASK OF GIVING A RATIONAL STRUCTURE TO A SOCIETY'S EVOLUTION, BASED UPON CAREFUL STUDY AND PLANNING. HOWEVER, THE JUDICIAL BRANCH OF GOVERNMENT IS LEFT WITH THE TASK OF APPLYING EXISTING STATUTES AND ESTABLISHED LEGAL CONCEPTS TO UNPRECEDENTED SITUATIONS DEMANDING LEGAL RESOLUTION, WHERE NO PRECISE LEGISLATION COVERING THE CIRCUMSTANCE EXISTS. THIS CAN MEAN THE JUDGES WILL REVISE OLD RULES OR CREATE NEW ONES. ANY OVERRULING OF LEGAL PRECEDENTS BY A JUDGE SHOULD INCLUDE THE MARSHALING OF THE REASONS WHY A PRECEDENT SHOULD BE OVERRULED, AND A REASONED DEMONSTRATION THAT THE HARDSHIP ON A PARTY WHO HAS RELIED ON THE OLD RULE OUTWEIGHS THE HARDSHIP ON THE PARTY DENIED THE BENEFITS OF THE NEW RULE. IT IS APPROPRIATE THAT MANY OF THE CREATIVE AND PRECEDENT-OVERRULING DECISIONS OF JUDGES SHOULD PROMPT LEGISLATURES TO DEVELOP PRECISE LEGISLATION TO DEAL WITH THE SITUATIONS AT ISSUE. FOOTNOTES ARE PROVIDED. (RCB)