How subjective <[~~~~[should]~~~~{{{{ the law be?

Answer 1

I think one of the biggest mistakes we can make when writing laws is to assume that there is a one-size-fits-all answer for everything. Judges need elbow room to allow for variations…. the human factor.

On the flip side of this coin, people need to understand exactly what is and is not allowed and why. They have very little tolerance for laws that punish one person harshly for the same crime committed by another who gets a slap on the wrist.

In the end, what is best for those who are the subjects of the law? I would think we should err on the side of flexibility and give judges the lateral room they need to fix the punishment not just to the act, but also to the violator.

So… to answer your question… how subjective? I would give the weight of discretion, tipped to favor the judges and not to mandatory sentencing codes favored by obtuse politicians in marbled halls.

Answer 2

Vagueness should be kept to a minimum, such that people should be able to determine what is legal.