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Old 07-28-2013, 11:42 AM   #31
pwalker8
Grand Sorcerer
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Many would agree with you, yet as Oliver Wendell Holmes, Jr famously said "This is a court of law, young man, not justice". So the purpose of the court system in the US is to administer the law, rather than the common law tradition of a judge coming to a "just" decision, making up the law as he goes. Eventually, if the law is viewed as unjust by enough people, it will be changed.

The issue is that people can and do disagree on what is just. However, if you go by the law and prohibit de facto (after the fact) laws, then at least people have a shot of knowing up front what is legal and what isn't.
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