link to original reddit post by /u/GoldAndBlackRule


I suppose in a context of the US legal system, sure. Americans want a useless congress full of legislators making stuff up to tell them what the new rules are going to be.

But absent the state, the duty of jurists is to discover law as real people settle real disputes and record such findings. Repeatedly, until so many decisions pile up and become common law. People can look at the case history and understand how the next, nearly identical dispute will be resolved and say "this is the law". Starè decisis (already decided) is a fundamental principle that keeps law consistent over time.

Jurisprudence is highly technical, requires years of scholarly effort to master and is solely concerned with discovering law.

That people prefer a machine of legislative corruption decide what is "legal" by fiat statutory decree just blows my mind.