It's a necessary byproduct of any system run by people, which is why relying on a framework where able is preferable. That's why the US legal system relies so h

It's a necessary byproduct of any system run by people, which is why relying on a framework where able is preferable. That's why the US legal system relies so heavily on precedence: creating and agreeing on new law, and reconciling it with existing law, is cumbersome and slow, so make sure no one already did the work. The benefit of both of those things is consistency. Completely independent problem from capitalism, and it gets worse the more involved the government is in economic activity.