[wgerard]

This is going off on a tangent obviously compared to the OP's point (that the legal system doesn't try to control for subjective behavior, which is incorrect), but sure, I'll indulge.

> That doesn't mean it's a good thing.

I don't think this is a popular position, or even a necessarily logical one. There are a great deal of "I'm not touching you" type behaviors that society collectively despises and often falls under these catch-all categories.

Legal doctrine is rife with "reasonable person" standards as a result that would be impossible to codify thoroughly and properly. Obviously, the mythical "reasonable person" doesn't exist and is often a judge or jury left to subjectively decide.

For example, harassment laws sometimes rely on a "credible threat of violence" based on something that would "make a reasonable person afraid for their safety". Good luck enumerating all the possible definitions of that.