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The legal system is different than code in a very important way: the law is written to be applied by intelligent people working (mostly) in good faith. This is
by noahl 9y ago
The legal system is different than code in a very important way: the law is written to be applied by intelligent people working (mostly) in good faith. This is why judges have discretion (https://en.wikipedia.org/wiki/Judicial_discretion https://en.wikipedia.org/wiki/Judicial_discretion), and also why tort law exists (https://en.wikipedia.org/wiki/Tort https://en.wikipedia.org/wiki/Tort).
The attitude in your comment, that the law should be interpreted with perfect strictness and machine-like lack of concern for obvious blunders, is in my opinion really hurting the United States today.
- jack9 9y ago> The legal system is different than code in a very important way: the law is written to be applied by intelligent people working (mostly) in good faith. I disagree. Code is also designed that way. The humble admission and responsible actions to secure against abuse are the same. The difference is in the specific interpretation timings. Code is a priori deterministic and law is a posteriori deterministic, with exceptions on both sides (code environment or human interpretation changes).
- pierrebai 9y agoÍ'd like to mention the good book: https://en.wikipedia.org/wiki/The_Case_of_the_Speluncean_Explorers https://en.wikipedia.org/wiki/The_Case_of_the_Speluncean_Exp... It delves into multiple possible stances regarding the nature of laws. I think Justice Thomas falls squarely into one of the explored stance. PS: also, an extended version: https://legacy.earlham.edu/~peters/writing/cse.htm https://legacy.earlham.edu/~peters/writing/cse.htm (that's the one I have)