[groestl]

I agree with you, and IMHO that does not necessarily conflict with what I've written before. It's true that there is broad catch all logic at the top level of policies, and when deriving lower level decisions courts inherently create policy too. But I believe it's not completely unrealistic to have such functionality baked into a conflict resolution protocol for crypto as well. Although the decisions and policies it derives might not be explainable for humans.

Generally though, I use the arguments in this discussion the other way round: in convincing lawyers (German speaking lawyers that is) that the value of law is mostly in being readable by common people. And less in being unequivocal to courts. We have code for unambiguity, but in essence, code bears the same problems as complicated laws when communicating policy and what's socially accepted to society.