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I see the sentiment often from people who want a categorically clear legal system.

The answer is that these choices are often made taking into account real world situations. Not just theory. When different rights come into conflicts, the courts weigh them against each other, and take into account the magnitude of the real world impact.

Ban all for a logical simplicity sounds appealing, but the courts frequently find that this would lead to a greater Injustice then mixed decisions.



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