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jcranmer • today at 3:29 AM • 1 reply • view on HN

Nah, it's pretty damn common in any legal system.

If you've got a statute like "no vehicles in the park," the fundamental issue is that you have to interpret "what is meant by 'vehicle'?" and no legal drafting is going to be good enough to actually cover all the possible cases well enough. The main difference between a common law and a civil law system here is that in a common law system, you have to cite the previous similar cases (because precedent is binding) whereas in a civil law system, you're merely using those previous similar cases as persuasive evidence. At the end of the day, it boils down to arguing for your interpretation.

And in my experience working on language standardization (which is closer to a civil law system than a common law system), it's fairly often that I have to resort to looking up not just when a change in the text occurred, but dive deep into the discussions of the paper proposing the change to understand what the committee thought it was doing with the change. The complexity of law is fairly similar--the changes to the law themselves often require understanding the legislative and interpretative history of the law to understand what the intent of the drafter was to be able to rule on how the law is extended to an unanticipated scenario.


Replies

thenewnewguy • today at 3:51 AM

Yeah but none of this matters for the "git for legislation" idea right? The point here is to record the history of the text of the laws, not their meaning.

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