Re:Brazil's Supreme Court makes social media liable for user...
by defrost on Thursday June 12, 2025 @09:16PM
(#44264837)
> Judges should be machines that implement the law exactly as written, no more and no less.
Law is not that simple and is full of tricky edge cases and outright vague ambiguity.
Lower Courts can easily rule to a clear letter of law as stated in a great many cases.
eg: Does evidence exist to prove a defendant broke into locked premises or not? Does a jury all agree that multiple pieces of submitted evidence are sufficient to establish a conclusion on balance despite all pieces of evidence having some issue?
High Courts and Supreme Courts exist to ponder whether lower courts have correctly applied the laws.
This would not be required if it were at all possible to have machines that implement the law exactly as written, no more and no less.
Law is not that simple and is full of tricky edge cases and outright vague ambiguity.
Lower Courts can easily rule to a clear letter of law as stated in a great many cases.
eg: Does evidence exist to prove a defendant broke into locked premises or not? Does a jury all agree that multiple pieces of submitted evidence are sufficient to establish a conclusion on balance despite all pieces of evidence having some issue?
High Courts and Supreme Courts exist to ponder whether lower courts have correctly applied the laws.
This would not be required if it were at all possible to have machines that implement the law exactly as written, no more and no less.