I don't think the reasoning behind unspoken customs is unknowable or arbitrary. I think part of being a good person is analyzing the rules that are handed down by our elders and deciding which are good to follow and which are good to leave behind. Circumstances change, new information comes to light that our parents weren't privy to. Or, maybe they just made convenient or selfish choices when deciding which rules were important. Sometimes those convenient or selfish choices get codified into law, and when they do, it's up to us to fix them. I dunno if that's government failing so much as it's just how government works.
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