This is the problem with the common law system. It's a haphazard set of poking and prodding where written law is less than half the story. We really need to switch to a civil law system in this country.
> We really need to switch to a civil law system in this country.
"pure" versions of either don't work - it's more like a spectrum. Unfortunately moving to more legislative emphasis than case law only works if you have an efficient legislative process to update. If that's too adversarial, you get the worst of both worlds.
I actually kind of don't agree. Even in our system, legislation is far more powerful than judicial. Fixing the legislative system is imperative regardless of judicial system