[ectoplasm]

I see what you're saying, somebody has to decide what the law actually is. They do it in collaboration with a huge system of legal training, case law, appointment, election, and the opinions of other judges, but that a single person's opinion counts for so much does introduce subjectivity. Obama makes decisions, but half of us (or whatever) agreed that it was good for him to do so. We place a similar confidence in scientists.

I generally think of a continuum where 100% subjective means only you agree and 100% objective means everybody on the planet agrees. Questions of legality tend towards the objective side of the continuum, and questions of morality tend towards the subjective side. Very little is at either end of it. (Maybe ice cream is 98% objectively delicious or something.) It would have helped if I clarified this before just spitting out that laws != morals because objective != subjective.

[boomshucka]

No, I'm not saying that. I'm saying that right now, this very second, there are many things which may or may not be legal, it's uncertain. There are circumstances where (usually) companies will get legal advice from a top-tier firm, and that advice will be "we are not certain if this is legal or not", because there are no cases where this has been tested. This is more common than you might realize. It comes up often where new legislation is passed. Dodd-Frank introduced legislation and none of it had been tested in court and many banks didn't know if X was legal or not, because the legislation didn't explicitly say anything about X, but X might be covered under Y which is explicitly said to be legal or not. There are companies doing things right now and they aren't certain if what they are doing is legal.

[ectoplasm]

Your personal opinion about whether a piece of untested legislation is good or bad according to your own morals/values/ethics is more subjective than a judge's legal opinion about what that legislation means in terms of regulating behavior in accordance with everything else in the legal system.

[boomshucka]

Agreed, the law is less subjective. But that isn't even close to making the law objective.

[ectoplasm]

Okay, so compare and contrast with science. Is it fair to say that murder is to Dodd-Frank what classical mechanics is to string theory? By the way, thanks for the discussion so far.

[boomshucka]

I don't know. Classical mechanics is useful but has proven to be wrong in various places, I don't know how useful string theory is but, at least to my knowledge, it has never been proven wrong. Whether a set of facts adds up to "murder" is debatable and what is and is not legal under Dodd-Frank is also debatable.