alt Hacker NewsThis speaks to first principles. I don't want judges making law - and any good judge doesn't want to make law. Laws are from elected legislatures. Of course this is all wishful thinking.
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Henchman21 • today at 1:06 AM
Isn't "judges making law" a key feature of common law systems? IANAL, obviously, I would know the answer to such a basic question if I were. But this is my understanding, and given that this case is in the US and the US is based on common law, I'm genuinely curious if you're advocating the US change to civil law?
If a judge had ruled differently in the Betamax case, we'd still have the ability to vote in representatives who'd enact a law that explicitly gave us the right to record for personal use. Judges should only have power to decide what a law means in situations where it's not already clear how or if the law applies.