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One thing about how laws work, is that they only become facts on the ground, so to speak, in the interpretation. Courts change the followed interpretation of l
by cuboidGoat 8y ago
One thing about how laws work, is that they only become facts on the ground, so to speak, in the interpretation.
Courts change the followed interpretation of law all the time without amending the written law.
Often the written law only gets amended when the difference between the definition on paper and the definition in common practice can no longer be bent any further, after decades of plain conflict in language.
- rayiner 8y ago> Courts change the followed interpretation of law all the time without amending the written law. They should not do that either. That’s an usurpation of the legislature’s powers and an affront to democracy.
- cuboidGoat 8y agoIf you wanted them to stop, you'd have to change the law so as to disallow interpretation, as the law as written already codifies that the law can be critically interpreted by courts. However I am not sure how that would even work, given the law is in language and language must be interpreted to elucidate meaning from it in the first place. Even if you fixed the first interpretation as sacrosanct, you would then have to interpret that interpretation each time.