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Speaking as someone who’s been on the unfortunate wrong end of it, the law is applied stupidly and mechanically. All the time. That’s the default. The judge wil
by shsbdncudx 5y ago
Speaking as someone who’s been on the unfortunate wrong end of it, the law is applied stupidly and mechanically. All the time. That’s the default. The judge will go to great pains to super pedantically apply the rule of the law, regardless of common sense and believe it or not in most cases also regardless of common sense.
As it should be. It doesn’t always work well for all circumstances, but we don’t have a better system
- inopinatus 5y agoIrrespective of your personal experience, the law is nevertheless still not a programming language, thankfully. However, "common sense" is also not how it works, so sure, when people rely on what they expect "common sense" to mean, then they too get screwed (the meaning of "common sense" after all varying dramatically from person to person). Law has its own principles, philosophy, and practices, that's all. And judges, especially senior judges, do not like it one iota when folks try to circumvent the meaning, substance, and purpose of these elements.
- jacquesm 5y agoThis isn't the case everywhere. In some countries it is the intent of the law that matters, in others it is the letter of the law, in some a mix of both.