In practice the justice system actually is reactionary. Either the actuality of a crime or the suspicion of a crime being possible allows for laws to be created prohibiting that crime, marking it as criminal, and then law enforcement and the justice system as a whole investigate instances where that crime is suspected to be committed and litigation ensues.

Prevention may be the intent, but the actuality is that we know this doesn't prevent crime. Outside the jurisdiction of any justice system that puts such "safeguards" in place is a place where people will abuse that lack of jurisdiction. And people inside it with enough money or status or both will continue to abuse it for their personal gain. Which is pretty much what's happening now, with the exception that they have realized they can try to preempt litigation against them by buying the litigants or part of the regulatory/judicial system.