Comment: common law as codified  (See in situ)  In reply to
comment: Common Law vs Civil Law (see in situ)  common law as
codified  actually can work to the advantage of freedom. For
example, if the elements of a crime, as codified, do not exist,
the defendant gets to go free. If we stuck strictly to common
law, that would give a court more flexibility to apply a legal
concept, or to stretch it, to fit a circumstance. So it isn't
always that bad. It forces the govt to at least formulate their
ideas in writing in order to charge you. The laws may sometimes
be poorly written (I understate) but there is taht.