And nations with civil law systems would disagree with your premise. Laws in these systems are expected to be clearly written without excessive room for interpretation. There are obviously still grey areas, but the systems aren’t flexible and open to interpretation like common law systems.

But in any case, we’re talking about a freaking git project host here, not a nation. They can set the rules however they want. But from a developer (user) perspective, they should favor rules that treat projects fairly and with a more liberal moderation policy.