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by Retric
5171 days ago
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That's only true on the surface. In the US lawyers execute not just statue (laws written by the legislator and signed into law by the executive that have yet to be over turned) but case law. Which acts as a single vary large multidimentional training set that's clear at the extremes but vary vague in the middle. The reason it's vague is people pretend there is far more stability in the system than actually exists so there is case law supporting any vaguely reasonable line of argument. Thus, lawyers are there not to help interpret the law, but create the most reasonable argument supporting their clients goals and providing their clients feedback to how well that argument might stand up in court. Under this interpretation you can clearly see how a talented team of lawyers can help bend the law to their client's point of view and 'distort' the impartiality of the system. |
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Saying "you can use case law to support any argument" is hyperbole; you can use any case which was been decided the way you'd like in the past, and the older the statute the more cases have been decided and the more wiggle room you have. But it's not a binary thing; the strength of your argument is affected by how similar the circumstances are, how much body of precedent there is for and against, how close the jurisdiction was, the reasoning given for the previous decision, and many other factors.
Of course this is really hard to keep track of if you're not a full-time legal scholar in that particular area of law, and it makes the whole thing seem even more impenetrable to the rest of us. But again, it's all in the spirit of fairness. It's not perfect, but consider the alternative: a justice system where previous decisions didn't matter -- where the law was just "the law", decided fresh by whatever judge you happen to stand before -- would be far more capricious.