Comment by Sammi

5 months ago

Ultimately it gets decided the same way all matters of law are ultimately decided: a judge decides. How this is strange to you is strange to me.

5 comments

Sammi

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aetherson  5 months ago

When you make bad law that involves trying to apply a fuzzy rule to a fuzzy situation, judges make bad calls. And you also make it possible for people to be very harassed by bringing cases to court where it's not possible to easily dismiss them (because the rule is fuzzy and there isn't a clear standard to dismiss) so even if the judge makes a good call, you've punished good behavior.

  • const_cast  5 months ago

    Almost all of our laws fall into this categorizations.

    The idea that laws are clear-cut is largely a programmers fantasy.

    Related: there's a lot of people who think that if you don't technically break the law then you're off the hook.

    Uh, no, not how law works. The letter of the law doesn't matter, the spirit does. Being an asshole but not technically breaking the law is still illegal.

    Yes, that's a lot different than code, isnt it? But it has to be.