...
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.
When my daughter graduated from law school, I asked her what she thought was the most important thing that she had learned.
She thought only for a moment before replying: The law is not about moral or immoral, good or bad or right versus wrong - it's about what you
can and
cannot do.
BTW, I believe that the late William Renquist pointed out that being innocent was not a bar to being wrongfully convicted.
