neither! just functional
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It would, if you were trying to rigorously systematize your "but how do I choose the system?" But if you refer back to my "programmer deciding which language to start a new project in", you can see how that's not necessary or even very useful.
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But programmers have this discussion *all the time* productively (well, sometimes ;) ). They do so without a universal theory of what it means to be "best" or "best suited". And it's not purely favoritism or fanboyism.
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Yes, there are plenty of unsettled issues in law. But the law is also a functional system that does a lot of good work despite never actually having had a complete ethical theory underlying it.
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