That's a problem, yes, but it seems a direct flip side of being able to show leniency, or rescue someone from bugs in the legal system. Not sure if we can have one without the other, so there's probably a balance to strike there.
> 2) A non-expert can't know whether they are breaking any laws in advance of action
That's true in current legal system, though I don't think it's a flip side the way selective enforcement is. In a system closer to ideal, you should be able to always know when you're breaking a law in advance; it's just that the system should have an ability to not enforce it in special circumstances.
That's a problem, yes, but it seems a direct flip side of being able to show leniency, or rescue someone from bugs in the legal system. Not sure if we can have one without the other, so there's probably a balance to strike there.
> 2) A non-expert can't know whether they are breaking any laws in advance of action
That's true in current legal system, though I don't think it's a flip side the way selective enforcement is. In a system closer to ideal, you should be able to always know when you're breaking a law in advance; it's just that the system should have an ability to not enforce it in special circumstances.