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I feel like we need something roughly equivalent to a doctrine of "oh come on". I realize I'm only gesturing vaguely towards a large area of idea-space, but it seems plain at this point that humans will game any system made of rules made of words until it's completely corrupted.
I'm not a believer in the ability to computerize law, so the only way forward seems to be to rely on the restraint of lawyers...
...ok, well that's obviously not going to work. We need to give them some sort of skin in the game. Something to lose when it goes wrong. As such, I propose, roughly, the following system:
Whenever an argument is deemed "clever", either by a judge or a panel that reviews cases, it goes in front of a jury of 10 randomly selected people from the voting public. If less than 50% of them respond with "oh come on", nothing happens. If more than 50% of them say "oh come on", the lawyer making this argument is shot. Less than 70%, they're shot in the foot. Less than 90%, they're shot in the chest. If it's unanimous, they're shot in the head.
I'd be down for that only if the jury can vote to recommend this law to be stricken down, then the govt is forced to put it into a proposition so the public gets to vote the law out. No amendment, no copy paste this article into that article. Removed.
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