Yes, ultimately the problem is that the law is vague or inadequate. The courts have their definitions of fair use, which are their best efforts at interpreting the law, and I have mine, which is different.
William Roper: "So, now you give the Devil the benefit of law!"
Sir Thomas More: "Yes! What would you do? Cut a great road through the law to get after the Devil?"
William Roper: "Yes, I’d cut down every law in England to do that!"
Sir Thomas More: "Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!"
This is why the idea of being "Vogelfrei" or "lawless" was honestly a terrifying concept in the middle ages. They are neither bound by law, nor protected by law.
A lawless man can be struck down with force without persecution by law, because they are lawless.
No, because these days we are quite explicit that the law binds us all. Citizen or not, legally present or not, criminal or not, every human being within the borders of the US (or any modern country) is entitled to the full protection of the law.
When an American becomes an outlaw, it doesn't mean the same thing as it did back then. There is no legal way for the government to deny someone their rights.
I am not 100% familiar with this theory, but I'm fairly sure there is an important difference: The monopoly of violence current police forces are granted did not exist in this particular way.
If a lawless man robbed from a village, any of the villagers could do whatever they wanted to them in retribution. Maybe limited a bit by religion.
Sir Thomas More: "Yes! What would you do? Cut a great road through the law to get after the Devil?"
William Roper: "Yes, I’d cut down every law in England to do that!"
Sir Thomas More: "Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!"