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We're talking about law. Quit trying to use reason.


Why does the hive disagree? If law was objective, we could replace judges and juries with software. In the end, the law is not drafted, or applied by any objective or empirical framework.


Are you claiming that every question with an objective answer can be encoded in an algorithm guaranteed to terminate? If so, would you care to provide the algorithm used to determine if a particular question has an answer that can be arrived at using such an algorithm? :-D


if (measurable) {

}


You're conflating two separate concepts. Concepts like damages decided by a judge reflect an objective fact (eg loss of business) that is in no way measurable, and concepts like "beyond reasonable doubt" reflect facts that are measurable but subjective. Where measurable techniques have become available to law - DNA profiling, for example - they're taken up very quickly.

I'm completely ignoring the other functions of courts, like legislative oversight, that obviously can't be performed by an algorithm.


> Concepts like damages decided by a judge reflect an objective fact (eg loss of business) that is in no way measurable

Right, but we could right a formula to get close enough.

Compensation = (official estimate or bid to repair damages) * ( 1.3 for hardship)

These variables could be punched into a program and a consistent result would come out.

> and concepts like "beyond reasonable doubt" reflect facts that are measurable but subjective

That doesn't make any sense to me. Facts are not supposed to be subjective. Especially considering the use of "reasonable doubt" is subjective, for example, officers claiming PC based on drug odors.

> I'm completely ignoring the other functions of courts, like legislative oversight, that obviously can't be performed by an algorithm.

Why can't an algorithm do "legislative oversight"?

Update ---

> Where measurable techniques have become available to law - DNA profiling, for example - they're taken up very quickly.

DNA has been used to set people free that were locked away based on opinions. Why should ANYONE have the "discretion" to lock away a human being? I think that kind of trust comes from years of brainwashing and episodes of CSI (or the million other variants).




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