Nilay Patel argues that law is undeterministic (and its application ambiguous) to begin with: > But law isn’t actually code, and society and courts aren’t computers. [...] the law is not deterministic. You simply cannot take the facts of a case, the law as written, and predict the outcome of that case with any real certainty, even though the formality of the legal system makes people think it works like a computer —…
> Nilay Patel argues that law is undeterministic (and its application ambiguous) I argue that of all things, law should be as deterministic as possible. I've always thought that we (as a country) should maintain one single ordered list of specific crimes and punishments. Every new case that wants to set a punishment must insert it into this ordered list and explain convincingly why it fits into the list at the propos…
It is (probably) impossible to write down a complete list of rules for how to judge even petty crimes. Someone who steals a loaf of bread because their child is starving should not be punished the same way as someone who steals a loaf of bread because they're a kleptomaniac.
No two situations are identical, and the problems start when you try to come up with a one-size-fits-all approach.
A human with sound judgement (and, arguably, some empathy) should be in control.