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This is the problem with the common law system. It's a haphazard set of poking and prodding where written law is less than half the story. We really need to swi
by billytetrud 5y ago
This is the problem with the common law system. It's a haphazard set of poking and prodding where written law is less than half the story. We really need to switch to a civil law system in this country.
- dragonwriter 5y ago> This is the problem with the common law system. It's a haphazard set of poking and prodding where written law is less than half the story Except that written law is the whole story. (Precedential court decisions are, after all, not transmitted as oral history.)
- tekknik 5y agoThis is absolutely not true, the easiest example being the second amendment.
- ska 5y ago> We really need to switch to a civil law system in this country. "pure" versions of either don't work - it's more like a spectrum. Unfortunately moving to more legislative emphasis than case law only works if you have an efficient legislative process to update. If that's too adversarial, you get the worst of both worlds.
- billytetrud 5y agoI actually kind of don't agree. Even in our system, legislation is far more powerful than judicial. Fixing the legislative system is imperative regardless of judicial system
- stjohnswarts 5y agoI think I'll take my chances with common law.