[Bakary]

It's a bit of both. We discriminate with regards to groups, but the measure of crime shifts quickly. Drugs or sexual orientations become legal or illegal. Killing is legal or illegal depending on whether it is performed in an approved way. Certain types of non-consensual genital mutilation are legal, others illegal. States tend to clash when their conception of justice differ too much. There are foundational concepts that most legal systems seem to share to provide stability, but for anything more complex there are always exceptions. The right to pollute, employment relationships, defamation etc. as soon as you move away from basic disorder removal it becomes more and more relative.