> And in addition to that, the "if the law is in fact on your side"-part is also easier to determine beforehand
I do think that American courts have a problem with this, and I do wish Americans cared more about it. It's fairly standard to hear people over here talk about whether or not something is legal and say "Oh, but I'm not a lawyer, make sure you consult with one before making any decisions."
That always irritates me. Our laws ostensibly exist for the common people, not lawyers. It reminds me of the stereotypical olden churches where only a few people would get to read or understand the Bible. It feels dirty.
California's constitution alone is over 100 pages, never mind thousands of pages of other legal code as well as precedents. It's not that the laws are so complex, it's that they have to cover so much it's never going to be feasible for someone not doing it professionally to be an expert on it.
Folks say "you should consult with a lawyer" when the topic is something that's too obscure or marginal to be obvious to a non-lawyer... that doesn't mean the laws are overly complex, just that there are always going to be marginal situations.
This is why common law annoys me. Possible recedent from any tiny case any time? That’s sure to help only one thing: an industry of legal workers since no one can actually know the law without doing endless research.
I absolutely love how our laws are relatively small, how precedent is from the Supreme Court only, and how most people don’t have any contact with lawyers in their entire life.
Sorry if I was unclear, I’m talking about how US law annoys me (it does affect me despite not living in the US, e.g in terms of prices on goods from legal overhead in the US) and how I like that my non-US country has precedent from a Supreme Court and no one knows a lawyer because there almost aren’t any (probably much for that reason - law is rather simple)
Sorry, are you talking about the US or another country?
We have elements of common law in the US code, and you can definitely have binding precedent that doesn't involve the Supreme Court. As for most folks not having any contact with lawyers... I'm not sure I've met any adult who hasn't.
That's how US Constitution was written (not that it helped a lot - there's still hot debate about what "abridging the freedom of speech" or "to keep and bear arms" means). But most of the other laws are about as readable to the common man as a patch against dense APL code is readable to a seven year old. You may encounter some words you think you recognize. And then there are bylaws and regulations, which most people don't even know exist and some are impossible to get without paying money (yes, really). And then in common law system there's caselaw which is court decision having the power of law. Common man has the chance of a snowball in a nuclear reactor.
I do think that American courts have a problem with this, and I do wish Americans cared more about it. It's fairly standard to hear people over here talk about whether or not something is legal and say "Oh, but I'm not a lawyer, make sure you consult with one before making any decisions."
That always irritates me. Our laws ostensibly exist for the common people, not lawyers. It reminds me of the stereotypical olden churches where only a few people would get to read or understand the Bible. It feels dirty.