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You can trade off against other forms of fairness.

For example, if you remove the power of precedent suddenly knowing and being able to search case law becomes unimportant, giving laymen a huge step up in defending themselves. However it also makes the legal system far more inconsistent across judgements.



Not if the law did what it was supposed to do; state the conditions under which a given sentence ought to be executed.

Instead laws are poorly written meaning case law becomes the actual law




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