Comment by aetherson

If you really want me to, sure. Here's the expansion:

You discovered that there are certain amounts of judgment calls and subjectivity in the legal system, and then you seemed to get really excited, stop thinking, and start patting yourself on the back for your incredible insight. This whole, "Boom, sometimes people use human judgment legal cases, bet you NEVER THOUGHT OF THAT you STUPID TECH PERSON" is the world's most banal insight and the fact that you seem to think it's the entire analysis of the situation suggests that you're a stupid person.

Go find a lawyer (ie, not a tech person), and try this out on them.

Of course there is an element of subjectivity in every law and every case. But there is also a serious and deliberate attempt by the entire apparatus of the legal system to in fact systematize the way that the legal code is applied to human behavior. Yes, there are limits both to how far that systematization can go based on the complexity of real life and how far people want to let it go. But it's a matter of degree, and your whole line about how judges and juries just think that they can and should punish any behavior they think is "bad" without reference to a systemic law is stupid and incorrect.

Sometimes of course laws are written to be extremely vague and judgment based. Those laws have objectively bad outcomes, and are usually either quietly dustbinned, reformed, or the legal system attempts to systematize them, creating judicial doctrines that apply actual rules to how they work. (And, because again it seems like I'm talking to a very naive person, I'll caveat that of course such systems do not remove all ambiguity -- they merely manage it). And this is because the lawyers and judges that you want to imagine as agreeing with you recognize that a system in which you go in front of a judge and he just decides if you're "bad" is a terrible system.

And now I predict that you're going to answer this with some kind of big "nuh-uh, you're dumb." Here's what I suggest instead: I'm done with this thread. If you actually want to improve your understanding of the world instead of trying to shore up your ego, go and find someone in the legal world and ask them what they think of your takes here.