This is why I think we should treat or reframe laws as formal systems, akin to Lean / Metamath / etc... : treat it like a database of axioms / principles and theorems with proof.
As long as we don't we have to choose between explicit and repetitive or implicit but concise. The advantage of implicit but concise is that individual citizens can grasp larger sets of axioms & principles, but the we run the risk of having lawyers, judges etc. be confused, confusable, or feigning "innocent confusion" about the law and the spirit of the law. The advantage of explicit but repetitive is that its much harder to confuse if a party can point to a literal sentence stating exactly the situation in one place, but the law easily bulks up exponentially.
On the other hand using a formal system, you can clearly distinctly mark the axioms and normative postulates, and include example theorems ("yes a black citizen is also a citizen", "yes the gypsy is a human", etc...). Even when cases haven't been covered as explicit theorems, the formalized aspect means parties can derive unambiguously the sentences they need to shove in the face of a judge.
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many things should be covered by other things but that's never a valid reason not to cover them explicitly
This is why I think we should treat or reframe laws as formal systems, akin to Lean / Metamath / etc... : treat it like a database of axioms / principles and theorems with proof.
As long as we don't we have to choose between explicit and repetitive or implicit but concise. The advantage of implicit but concise is that individual citizens can grasp larger sets of axioms & principles, but the we run the risk of having lawyers, judges etc. be confused, confusable, or feigning "innocent confusion" about the law and the spirit of the law. The advantage of explicit but repetitive is that its much harder to confuse if a party can point to a literal sentence stating exactly the situation in one place, but the law easily bulks up exponentially.
On the other hand using a formal system, you can clearly distinctly mark the axioms and normative postulates, and include example theorems ("yes a black citizen is also a citizen", "yes the gypsy is a human", etc...). Even when cases haven't been covered as explicit theorems, the formalized aspect means parties can derive unambiguously the sentences they need to shove in the face of a judge.
I get the argument, but I feel like most issues arise from incentive structure rather than not being able to define things precisely enough.
Plus it's important that the law can be read by the average citizen as well. Not that current US laws are, but, it's an ideal to strive towards...