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by crazygringo
216 days ago
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Generally, you do want the general principle of something like this to be explainable in a few sentences, yes. Even if that results in a bunch of more detailed regulations, we can then understand the principles behind those regulations, even if they decide a bunch of edge cases with precise lines that seem arbitrary. Things like the limits of free speech can be explained in a few sentences at a high level. So yes, I'm asking for what the equivalent might be here. The idea that "it's so impossibly complicated that the general approach can't even be summarized" is not helpful. Even when regulations are complicated, they start from a few basic principles that can be clearly enumerated. |
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Because everyone has different principles by which they evaluate the world, most laws don't actually care about principles. They are simply arbitrary lines in the sand drawn by the legislature in a bid to satisfy (or not dissatisfy) as many groups as possible. Sometimes, some vague sounding principles are attached to the laws, but its always impossible for someone else to start with the same principles and derive the exact same law from them.
Constitutions on the other hand seem simple and often have simple sounding principles in them. The reason is that constitutions specify what the State institutions can and cannot do. The State is a relatively simple system compared to the world, so constitutions seem simple. Laws on the other hand specify what everyone else must or must not do, and they must deal with messy reality.