It is and you'll notice a lot of people really, really hate it. Trump just broke all fundraising records by miles, because a lot of people who previously didn't support him feel that New York has ignored the written letter of the law in favor of a tribalistic "spirit". There are similar society-rending controversies happening in Europe due to the activist lawmaking of the ECHR.
These two perspectives aren't both equally valid: the courts are not allowed under any system of civics to simply do whatever the judge feels like. They are only given leeway to interpret the law when they have no other choice because the statutes are unclear. It's a last resort, and often the result will be people "getting away with it" because there's no law against what they did.
These two perspectives aren't both equally valid: the courts are not allowed under any system of civics to simply do whatever the judge feels like. They are only given leeway to interpret the law when they have no other choice because the statutes are unclear. It's a last resort, and often the result will be people "getting away with it" because there's no law against what they did.