Comment by tshaddox
2 hours ago
I think I mostly disagree with this. "Technical compliance" is not and should not be the thing that a legal system is designed to incentivize, and should not be the criterion for "perfect rule of law."
2 hours ago
I think I mostly disagree with this. "Technical compliance" is not and should not be the thing that a legal system is designed to incentivize, and should not be the criterion for "perfect rule of law."
I would disagree with you, because "technical compliance" is compliance with the letter of the law. You have complied with every explicit requirement of the law. If the law is insufficient then legislature is free to add a clause that bans whatever aspect you technically comply with that they don't like.
The alternative is complying with the spirit of the law, which is an eternal guessing game. Who knows whether it's legal or not, we have to wait for the Supreme Court to decide what Congress _actually_ meant. It implies that the law means something beyond what anybody bothered to actually write down, and nobody has any idea what that is until the Judiciary interprets it into "actual law".