Robin2:
The difference is that judges often work alone whereas legislators (in democracies) don't.
I am not claiming the "rule" system is perfect, or even good - just the best that is available. And I have no doubt that there are some silly laws, and laws that people don't like, but having been a civil servant helping to create laws I do believe that the people who create them do so with the best of intentions.
...R
Don't get hung on judge vs legislator. What I really mean is local vs federal.
See, my local legislators and judges and city counsel, they have another BIG advantage over the congressman working in Washington or wherever. They are directly answerable to me. I know where they live and where they go to church and if they are cheating and taking bribes I, and my community, can directly handle that. I can go straight to them and talk about it. Or fight about it if need be. They have incentive to do me right because they're right here with me.
My congressman is untouchable. Even if he does completely piss off everyone in my community by say approving the dumping of toxic waste or sewage (real situation) then there's still nothing that can be done. I can't talk directly to him. I can't approach him. I'd probably get arrested just trying to get in the building. The congressman in Washington is completely insulated from me or ever having to face anything that he has done to me or my community. They have no incentive to worry about me, only themselves.
And don't talk about voting. If people cared enough to educate themselves and know what they were voting about and for then maybe that could help. But today people just pick team read or team blue based entirely on cultural feelings and votes with no regard for what it really means. I think that's all easier when you're dealing with people who you know personally and not characters who make themselves out to be whatever they want to be on TV commercials and flyers on your door knob. Either way, the process of the vote has been lost, in the US at least. I am for a IQ test before people are allowed to vote. Maybe not IQ, but some sort of test that determines if you are aware of what is going on and not just picking R's or D's indiscriminately.
Either way, my point is that more control in the hands of local governments and a state government that only deals with matters between communities and a federal government that only deals with matters between states would be a better way.
I do believe that the people who create them do so with the best of intentions.
The road to hell is paved with good intentions they say. Only when those people learn to understand that they CAN'T anticipate any situation and stop trying to make a one-size-fits-all law that takes all human feeling and judgement out of the equation. There are a great many people who have run afoul of those same laws who had just as good if not better intentions. Those intentions should count for something more than the letters of the law.
And no, I don't believe for one second that the legislators in Washington have anything of good intention for me. They are ONLY concerned with getting themselves re-elected and garnering votes. To get votes you don't have to have your constituents best interests in mind anymore. We've broken our democracy with our refusal to abate our ignorance and it just doesn't work that way anymore. Now to get votes all the congressman needs to do is put on the right face every few years and claim that the other guy is a (pick one of the many buzzwords here). Make claims and nobody will check. And anyone who does check, call them "fake media" and the ones on our side will certainly agree because they'd rather agree with something stupid than to admit that they were wrong.
The whole thing is broken.