I don't think that part of your thesis is too controversial. The big idea of common law, for example, is that courts try to make their decisions reasonably cons

I don't think that part of your thesis is too controversial. The big idea of common law, for example, is that courts try to make their decisions reasonably consistent with previous decisions, not because they think that this will necessarily lead to the best decisions each time, but because this makes the law predictable. Predictable laws are an important part of a good business environment. My big problem with the legislative branch is that they love to make law and they do so recklessly. This bypass any attempt at making laws consistent and predictable or any attempt to figure out whether those laws are any good.