This brought to you by the same legal scholars that brought you theories such as "Everyone knows 'own' doesn't mean 'own'" and "It's okay to give the judge hearing your case tons of money because that's just gifts between friends as long as you don't explicitly say it's a bribe". Our legal system seems to be based around deciding on the outcome you want regardless of rationality or the law, talking nonsense long enough that it seems like there's intractable disagreement and then declaring your solution to be the common-sense middle ground.