It's interesting you should use my desire not to discuss things in the abstract while the courts use the hypothetical.
It's actually important that courts use reasonable hypotheticals that can and do in fact exist in reality when they're assessing the application of criminal law that could result in the person's incarceration. They need to consider whether we drafted good laws. When we're drafting good laws, we need to make sure we're trying to address real-world problems, not things that we think may exist. I think each body, as a function of the decisions we take as a government and a legal system, improves the quality over time of the decisions that are finally rendered and baked into our laws.