I don't disagree with you on the need for careful refactoring of our legal code. In fact, a few years ago I wrote an essay on this very topic:

http://quandyfactory.com/blog/30/software_as_a_model_for_gov...

I do believe we need to exercise caution, balance and good judgment, and that most of the time, careful refactoring is more prudent and effective than throwing out the existing code and starting from scratch.