Your comparison resembles a bit the continental and anglo-saxon legal systems. In the European-continental legal system, based on Roman law, you have a stress

Your comparison resembles a bit the continental and anglo-saxon legal systems. In the European-continental legal system, based on Roman law, you have a stress on written law and exceptions are dealt based on similarities with it. In the Anglo-saxon legal system you have decision based on a set of people ( jury ) and on the practice ( precedent ) in the past. As a conclusion I would say they both work and both of them have Pros & Cons.