[VandyILL]

I think one of the approaches to encourage this is to rethink ideas about property given our ability to monitor space, time, energy etc. almost instantly. A basic example of this is real time metering which varies the price of electricity over the course of a day. A hypothetical is to do a variable payroll tax adjusted over the course of the day to influence traffic patterns. In the past we couldn't do things like hourly flexing of a payroll tax, nor variable energy prices. However, now that we are able to capture so much more info, we need to think about constructive ways to manipulate those elements.

I reference property above because this is the area of law thy seems most similar. Property law is not based on absolute principles. Rather, considering the circumstances the requirements for things like first possesion or ownership vary. When deciding these elements the judges look at what facts are available, then decide which ones are relevant for establishing a a certain right based on what factors a judge/society wants to promote.