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by smallnamespace 3550 days ago
Thank you for this analysis.

A lot of complaints about the legal system seem centered around particular cases where things seem unfair, but it's important to bear in mind that the legal system as a whole tries to optimize multiple, sometimes-contradictory objectives, and every design choice represents a tradeoff.

* The tradeoff between discouraging frivolous lawsuits vs. discouraging legitimate lawsuits is one case

* Another common complaint is that laws and regulations are complex and inscrutable -- but the tradeoff is that a simpler, shorter law will be more ambiguous and therefore actually less predictable in practice until it's been thoroughly litigated

Sometimes it surprises me that professional software engineers deal with systems design tradeoffs every day in their own work, but then fail to see that systems design logic also applies to human institutions.

1 comments

> Sometimes it surprises me that professional software engineers deal with systems design tradeoffs every day in their own work, but then fail to see that systems design logic also applies to human institutions.

I think it's because the equilibriums look much worse. Even if your system is a pile of hacks on top of hacks, it might at least be good enough right now. Not to mention that sometimes you engineer something that works pretty well. Meanwhile the legal system often fails even for the exact situations considered when the rules were made, and there's pretty much no one would feel there isn't some gross injustice happening within it quite frequently (though the injustice may vary).