When Pedantry Fails The Justice System +
When Pedantry Misses Subtlety: Why Justice Demands a 360-Degree View By Liz Lucy Robillard & Ai In law, pedantry can be a curse. The obsession with procedural precision, semantics, or so-called “objective standards” often misses the humanity behind a case — its emotional, social, psychological, and moral dimensions. Nowhere is this more evident than in cases where rigid adherence to precedent or statutory wording has led to catastrophic injustice. This post explores how legal pedantry has failed people across jurisdictions, why true justice requires nuance, and how the mediation movement — led by experts like the UK's Paul Sandford — offers a more future-focused, humane path. I. When Legal Pedantry Fails: Case Studies 1. UK: R v Jogee [2016] UKSC 8 Issue: Joint enterprise doctrine punished people for crimes they did not commit directly. Result: Supreme Court overturned decades of flawed precedent. Why it matters: For years, courts rigidly applied faulty logic. Only later did th...