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I think this is the crux of the problem, case law exists to help 'refine' and 'classify' a case ie. a crutch for an incomplete specification (the actual law). T
by alexisread 2y ago
I think this is the crux of the problem, case law exists to help 'refine' and 'classify' a case ie. a crutch for an incomplete specification (the actual law). The 'workflow' is that the judgement on the current case informs the next ones and so on.
I'd prefer it if previous cases had a bearing on rewriting/amending laws, rather than influencing a current case, and if the feeling is that a current judgement was not correct, rewrite/refine the law taking the case into account.
That way a judgement does not require previous case research, this does mean that law needs to become a more well specified, and unambiguous language. We have decades of classification and computer language theory to draw from, and LLMs to stub-translate existing law, with exceptions going to a dead-letter-queue for individual appraisal.
Law should be understandable by the layman, else how does someone know if they have broken it?
- hansvm 2y ago> Law should be understandable by the layman, else how does someone know if they have broken it? This is especially important in a world where precious few scenarios allow ignorance as a legal defense.
- kristianbrigman 2y agoI'd prefer to keep the separation of powers intact (legislature writes/modifies laws, judiciary can strike them down but can't (or isn't supposed to) make up law... the exchange is not that different between development and QA :) your process seems reasonable though.
- bonoboTP 2y agoThat's called civil law and is used in almost all of Europe. Common law seems quite strange, nebulous and inefficient seen from a civil law continent.
- wbl 2y agoCongress can do this but chooses not to.
- deleted 2y ago[deleted]