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> In the US, laws are taken as very literal, and any technicality that can be exploited usually will be. In Europe, they’re far more focused on the spirit of th
by bitcurious 3y ago
> In the US, laws are taken as very literal, and any technicality that can be exploited usually will be. In Europe, they’re far more focused on the spirit of the law and don’t put up with games.
I was looking to confirm or deny that statement and came across a fun detour in the form of an article entitled "What's So Special About American Law?". It doesn't address the point about spirit vs. detail at all, but is an amusing and informative read.
> As I said, this fact seems to me a deep and fundamental point of
difference. The American legal system, to a greater extent than any other
Western legal system, encourages the direct injection of democratic values
into the legal process. Our legal system, like our society, places great
emphasis on the value of equality. We do not fully trust professional elites.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2246&context=faculty_scholarship https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?articl...
- lucianbr 3y ago> Our legal system, like our society, places great emphasis on the value of equality. Is this satire? Must be satire, right?
- Nevermark 3y agoI think in terms of wording that’s actually true. In terms of the crafted impact, not so much. A lot of inequality is enacted in the name of equality. - Freedom of choice (for corporations to limit choice). - Regulation welcomed by big business to protect customers (from startups that can’t afford to comply). Etc.