Actually, if we were to tell the truth, ALL of the big, tough decisions are based upon the personal situs of the individual judges. The myth that the law exists independent of experience is the kind of hogwash that gets people to accept the horrible decisions of the Court.
In other words, the law might boil down to what the judge had for breakfast. Ah, the convinience of legal realism.
By the way, Phil, I did not see where anyone claimed that the law was not based on
experience. Obviously the law is based on the experience and recorded experience of humankind. "Experience" and "empathy" are not synonymous.
Yours,
Issodhos
