In defense of our legal system, the law that is developed in courts and legislatures quite regularly reflects the wisdom of the average citizen.  When it does not, we should be skeptical.

For example, who should set national energy policy?  If you ask average citizens this question and give them a choice between the Hawaii Supreme Court or the U.S. Congress, I think you’d be hard pressed to find many people who would place that responsibility to five individuals in black robes sitting in a courtroom in Honolulu.