"How many people would like to play me poker and have the rules be "living"? Depending on "evolving standards," maybe my two pair could beat your flush. "
Although the various professional leagues do change the rules from time to time....NFL.
But they don't change them in the middle of a game to favor one team over another. The umpires aren't supposed to decide in the middle of the World Series that the Red Sox batters get four strikes, while the Cardinals only get two.
The role of the courts is like the umpires, they determine the facts and apply the rules. It is not the role of the courts or the umpires to make the rules.
The difference is that the rules do not change during the game.