We‘re ALL slowly figuring out via trial & error in kangaroo courts of social media why non-kangaroo courts have: Presumption of innocence Right to face one’s accuser Right to be represented Evidentiary admissibility standards Rights to remain silent Statutes of limitations Etc..
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Modern legal systems were built from the knowledge of centuries of trial and error. Ignoring this has unintended consequences.
#vianegativa@nntaleb
Common law, mostly yes, legislation and regulation, mostly no. Much of the modern statutory and regulatory books are destructive, enforced with very little regard to large indirect consequences.
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It takes into account only what would control the majority. Modern law is the Roman law, or its modernization.
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The traditional Roman law and its various codifications -- or at least the parts of it that have remained relatively constant over the centuries -- I'd include in highly evolved law along with the English-origin common law.
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For the most part, modern regulation is drafted by people who have little to no contact with the real world. They don't suffer the consequences of their actions, therfore their distructive nature.
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A court of record proceeds according to common law without the aid of statutes !!! Statutes are not law! Most courts are courts of record ...
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