alt Hacker News> Nilay Patel argues that law is undeterministic (and its application ambiguous)
I argue that of all things, law should be as deterministic as possible.
I've always thought that we (as a country) should maintain one single ordered list of specific crimes and punishments. Every new case that wants to set a punishment must insert it into this ordered list and explain convincingly why it fits into the list at the proposed position.
This would prevent the outrageous differences we see today where someone gets a few days of house arrest for murder and another guy gets a decade of solitary confinment for stealing a pen.
> I argue that of all things, law should be as deterministic as possible.
It is (probably) impossible to write down a complete list of rules for how to judge even petty crimes. Someone who steals a loaf of bread because their child is starving should not be punished the same way as someone who steals a loaf of bread because they're a kleptomaniac.
No two situations are identical, and the problems start when you try to come up with a one-size-fits-all approach.
A human with sound judgement (and, arguably, some empathy) should be in control.