[nkkollaw]

That's not what I meant with that sentence, you might have missed the point I was trying to make.

The sentence you quoted means: why not add a limited-number restaurant license that costs 200,000, without which you can't open a restaurant, to protect local restaurants? Why not create a law where Italian companies MUST produce the goods they sold on Italian soil in Italy instead of China, to protect Italian factory workers? Why not create a law that each book published MUST be printed and available at all local libraries besides released as an ebook to protect local libraries from closing because of the internet?

What's so special about taxi drivers?

Why can taxi drivers pay taxes based on a random figure they themselves provide without proof, while even if I charge a client €1 I must issue a receipt, and then KEEP IT IN PAPER FOR 10 YEARS?

I would love to hear any valid enough answer that would make me change my mind.

[Sacho]

These may be worthwhile points to pursue, but it's not the jobs of the magisters to legislate from the bench. When you ask "why not create a law", this is a question to direct to the politicians you elect, not the magisters who apply the law.

[nkkollaw]

It's not their job per se, but they don't blindly follow the law, they apply it.

There are many, many cases where a judge will go against a law and create a precedent, which most of the times will be followed in following trials if the situation is the same or very similar.

[Heliosmaster]

One thing: italian law follows civil law, not common, so precedents are not like in the US (https://en.wikipedia.org/wiki/Precedent#Civil_law_systems).

[nkkollaw]

It's similar, actually.

They still take precedents into great consideration, although they're not binding.