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...t realists perceives courts as creators of law, the coercion of legislations is unreasonable if it was not promulgated. If the individual’s past behavior becomes criminalized, a form of inequality is created. For instance, take the case that person A goes to a public area and smokes marijuana knowing it is not a criminal offence. The following day, the government legalizes marijuana due to the influence of a certain case, and person B, not being aware, publicly smokes the drug. Person B is arrested and punished for his felonious actions. If the individual is unaware of a legislation, there is no way for him to shape his behavior and avoid punishment. These court decisions are retroactive, as they are made after the fact by the courts. Citizens ultimately do not have a say. Without justice in the legal system, the development of an ideal society becomes challenging.
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