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IIRC, in Europe it's harder for companies to exploit letter-of-the-law loopholes than in the US. So I think you do have a point, but there's more nuance in prac
by Bjartr 8y ago
IIRC, in Europe it's harder for companies to exploit letter-of-the-law loopholes than in the US. So I think you do have a point, but there's more nuance in practice.
- sandworm101 8y agoThe US obsession with loopholes and "letter of the law" is a historical religious thing. US is protestant, where the language of the bible is made availible to all. Everyone is free to read and invent an interpretation, to find thier own loopholes. Europe follows a more catholic tradition, where biblical language is interpreted through priests. Hence, european judges (legal priests) are given more authority to interpret language and smooth out rough edges. It is centuries-old culture.
- twic 8y agoAh yes, Martin Luther, that famous American. Who can forget when he inspired President Henry VIII to break with the Catholic church!
- ben_w 8y agoThe distinction I’ve heard is called Roman law (continental) versus common law (UK, its colonies and empire).
- deleted 8y ago[deleted]
- sandworm101 8y agoExactly, the UK being home of one of the largest protestant traditions (COE). The specifics of biblical language and translation is a cornerstone of English political and legal history (see Henry VIII and associated fiascos). But when people speak of European colonial law v common law, they are normally talking about French v. British. The Napoleonic tradition followed in former french colonies is very different than the British common law. And there are places (Louisiana and Quebec) where these two legal traditions were forced to merge. When comparing the two we still see the catholic v protestant split, which is expected given the history. The french relationship with language, that there is a government agency to define words, also leans towards a more authoritarian view of legal interpretation. America today doesn't even have an official national language.
- rayiner 8y agoThere's loopholes, but there's also boundaries. In Europe there is scope creep where the boundaries of what's legal versus illegal keep getting redefined. A good example is antitrust enforcement against Google. In the U.S., antitrust is pretty clear cut. In Europe, it's this amorphous thing, where regulators can fine you just because what you're doing rubs them the wrong way.
- gowld 8y agoThe European system is better at keeping up with the evolution of crime. The US is generally a step (years) behind.