Comment: common law as codified

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common law as codified

actually can work to the advantage of freedom. For example, if the elements of a crime, as codified, do not exist, the defendant gets to go free. If we stuck strictly to common law, that would give a court more flexibility to apply a legal concept, or to stretch it, to fit a circumstance. So it isn't always that bad. It forces the govt to at least formulate their ideas in writing in order to charge you. The laws may sometimes be poorly written (I understate) but there is taht.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein