Quote from: vertigo on March 31, 2022, 04:43:34
And yes, the laws are overly complex, which I believe is due to two reasons: they (legislators and lawyers) want laypeople to have a hard time understanding it, so they will be more important/needed, and because if laws are made simple, that allows for more loopholes and interpretation, which results in more court cases to decide subtleties that weren't clear in the basic legislation. The laws, like contracts and other legal documents, have to cover every possible contingency, otherwise people will try to play the system, saying the obviously wrong thing they did was illegal because it wasn't specifically addressed by the law. The only solution would be common sense law, but that would obviously go badly.
I disagree. And it will obviously differ country to country. For example, here, one of the big problems in my view is that legislators try to use fully qualified sentences. Which leads to ginormous constructs that are very hard to understand. By the time you reach the middle of a compound sentence, you often forget what was at the beginning. A big problem being that human language isn't designed to be formal, to always have only one meaning. A single comma can end multiple subordinate clauses and even start a new one. Creating ambiguity. When one clause ends, you aren't sure to which clause the following words belong. And this then creates interpretation problems. Sometimes, the alternative meaning just makes no sense and you can exclude it. But sometimes, you really aren't sure. And to understand it in the first place, you almost have to draw diagrams. Frankly, I doubt many legislators possess the necessary inteligence to understand what they legislate in the first place. It's a huge mess.
Which is exactly why I avoid writing in this style when I need someone to understand exactly what I mean. The gist of it should be kept simple. You can define words beforehand and you can qualify and nail down the details later. But getting the basic message shouldn't take half an hour and then a debate among lawyers. If ten lawyers can't agree on a meaning, it's useless trash, not law. And it's the edge cases where things start falling apart, where you aren't sure whether they actually meant what they wrote, or whether they never considered the case. All the while obscuring the basic idea. Often, when I read a law, I end up with more questions than I started with. And what annoys me is that there is no authority that can give me a binding interpretation. So, a new law comes into force and nobody actually knows what it means until it gets tested in court. All sorts of people can give you an opinion, but, in the end, only opinions of judges matter.
It's the complexity that creates loopholes. The more complex a law is, the more difficult it is to write it correctly. And the more difficult it is for anyone to understand it, creating many opinions on the meaning. If I was designing a system, I would probably have hard law that's all about principles and is kept simple. And then soft law that is all about clarification and guidance. A single example can do more for understanding than a thousand words. Often times, you do not need the detail. The added complexity just slows you down and makes understanding more expensive.