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Sure, in theory. But I see two problems with that--although they're probably the same idea. Judicial, executive, and legislative are decent abstractions. The
by pfranz 10y ago
Sure, in theory. But I see two problems with that--although they're probably the same idea.
Judicial, executive, and legislative are decent abstractions. They're fairly slow to change. Executive is probably the easiest to react to public opinion--which isn't necessarily something you'd want in the other two branches. It can repurpose old laws for new problems and can focus on immediate, concerning issues--thankfully, with oversight.
Breaking a law is binary, but public opinion can move gradually (I know I just said it can move quickly, but it can also move very slowly). Anti-sodomy laws were enacted (I imagine) when there was a lot of support. There was a very long time between that and the public accepting homosexuality. Yes, in the interim we can have judicial leniency--but that clogs up the courts and we do have mandatory minimums in many laws.
There's also weird in between laws, like a Ft Lauderdale law saying horses need lights and a horn after sundown. Makes total sense because it's dangerous. At some point it likely was a huge problem and it was happening often. But it's nice to give officers leniency if I got lost on a trail or my horse got out without having to go to court.
- clort 10y ago> But it's nice to give officers leniency if I got lost on a trail or my horse got out without having to go to court. I think the point [made elsewhere] is that it should not be up to the officer to give leniency for any law breaking. The court can do that (via a jury of your peers) but separation of powers means that the officer is not the judge. This transparency is good because if the officer and you on a dark little back lane come to some private agreement about prosecuting you for a law you have broken, that does not serve the society that wanted the law in place. The court record is a public record for a reason?