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Playing devil's advocate, allowing for 'wiggle-room' in laws encourages vague/hand-wavey/overly broad laws. Because the devil is always in the detail. This all
by joncrocks 8y ago
Playing devil's advocate, allowing for 'wiggle-room' in laws encourages vague/hand-wavey/overly broad laws. Because the devil is always in the detail.
This allows for two key issues to manifest:
1) Selective enforcement
2) A non-expert can't know whether they are breaking any laws in advance of action
- nradov 8y agoIn the US, the vagueness doctrine prevents most of that. https://en.wikipedia.org/wiki/Vagueness_doctrine https://en.wikipedia.org/wiki/Vagueness_doctrine
- TeMPOraL 8y ago> 1) Selective enforcement That's a problem, yes, but it seems a direct flip side of being able to show leniency, or rescue someone from bugs in the legal system. Not sure if we can have one without the other, so there's probably a balance to strike there. > 2) A non-expert can't know whether they are breaking any laws in advance of action That's true in current legal system, though I don't think it's a flip side the way selective enforcement is. In a system closer to ideal, you should be able to always know when you're breaking a law in advance; it's just that the system should have an ability to not enforce it in special circumstances.