[linkgoron]

That's just not true. A lot of judicial systems give leeway for judges to rule using the spirit of the law and not just the letter of the law. Especially for obviously fake arguments, or when laws need updating to newer norms or unforeseen technologies.

[kristjansson]

Judicial interpretation is essential. Half the artifice of western civilization is built on the word 'reasonable' and its interpretations in caselaw. However judgement cannot be the primary definition of a policy. 'I know it when I see it' couldn't even be the definition of obscenity - the court repaired it 10 years later with a more clearly delineated test in Miller.

The definition of 'platform' or 'monopoly' or w/e in the context of TFA is necessarily going to be technical and detailed, and encourage the entities it regulates to drive right up to the lines it draws. The job of the policymaker is to draw lines that accomplish her intentions.