I always say “You’ve got to case-by-case it!”, but you can’t build a society that way. You can’t have king Solomon) up there tearing up babies and passing judgments in between chilling with 700 wives. (Not that he did a bad job but more that the workload must’ve been sick.) You can’t have the Supreme court throw Roe in the trash or saying that Citizens United is a dude whenever they’re having a bad day.
Or maybe you can because Gödel’s incompleteness means that all systems have bugs and we need to keep on revising and be watchful, but, we can still try to have some semblance of law and equality before the law (it’s also why I’m so mad at all the Swedish pundits & politicians who keep on harping “deport, deport” as a special punishment for a special lower tier of citizens, and then in the same breath scratch their heads wondering why there’s no integration).
I’ll continue to case-by-case it, and I hope you’ll do too, but that doesn’t mean we can’t write rules. Those who follow my RPG writings know how I’m all about rules over there. Thing is… the rules start from case-by-casing it and they end if we notice they don’t work, or aren’t applicable fairly.
Law can evolve, to fit the needs of real humans and their dignity.