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I understand this, and if I thought it were possible, I would agree. However... The law is essentially trying to codify a moral code, one that changes with ti
by stinkytaco 11y ago
I understand this, and if I thought it were possible, I would agree.
However...
The law is essentially trying to codify a moral code, one that changes with time. We've seen how the law struggles with changes to technology, lifestyle and shifting attitudes. But sometimes the very axioms change (see slavery, suffrage, common law). Because the law cannot keep up with changes, we're stuck with messy human interpretation to smooth over some of those rough edges. Something like Brown v. Board of Education, which seems obvious in retrospect, may not have occurred in an axiomatic system (perhaps Plessy v. Ferguson may not have occurred either, though considering the primary axiom that American law is based on once said that blacks were 3/5 of a human, I find that unlikely).
I would argue that we ought to try to introduce algorithms into the enforcement of the law (policing, traffic enforcement, jury selection, public defenders, etc) rather than the interpretation of it. Of course, one could argue mass surveillance is exactly that, so I don't know.