> The other legal tradition underlying the EU copyright system which is the continental European tradition of droit d’auteur (or Author's Rights). In this system, the authors of cultural works have certain inalienable rights that they cannot sell to a right holder. And, importantly, the exceptions to copyright, the interests of the public are written into the law. [...] The problem with the continental system is that it is quite inflexible because every time a new technological development comes about, you have to change the law to allow this type of use without a copyright infringement. So every new way of dealing with culture is fobidden by default. - https://www.youtube.com/watch?v=wL_Wxu6x1HU
Whereas other legislative cultures prefer to set a general framework, then leave the details to the Courts and or to Government ministers.
Most of our longest standing torts and crimes have subjectivity right at their core, and I'd argue that's not a coincidence but survivorship bias.
The world just isn't black and white, and attempts to legislatively render it so inevitably cause problems (though, obviously too much subjectivity and something because uselessly vague; it's a tricky balancing act for sure).