The fuzziness was primarily left to bureaucrats making best guesses, without any particular agenda. Of course there would be some bureaucratic capture going on, but shame would still work. Systems work best with some sort of fuzzy logic, which is what courts and bureaucrats provide. Regulations are not supposed to be a suicide pact.
What has changed here is that loyalty to the head of state is the primary determinant for all of the gray areas — and that guy can be as arbitrary and capricious as he wants. Context always matters; context is the difference between prerogative and corruption.
