Letter and spirit of the law
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The letter of the law and the spirit of the law are two possible ways to regard rules, or
Intentionally following the letter of the law but not the spirit may be accomplished through exploiting
Legal research
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the greatest culpability is assigned when both the letter and the spirit of the law are violated.[1]
Shakespeare
U.S. constitutional law
Interpretations of the U.S. Constitution have historically divided on the "letter versus spirit" debate. For example, at the founding, the
Modern constitutional interpretation also divides on these lines. Currently, Living Constitution scholars advocate a "spirit"-esque interpretative strategy, although one grounded in a spirit that reflects broad powers. Originalist or Textualist scholars advocate a more "letter"-based approach, arguing that the Amendment process of the Constitution necessarily forecloses broader interpretations that can be accomplished by passing an amendment.
The Bible
The 1st century letter of
In the New Testament, Pharisees are seen as people who place the letter of the law above the spirit (Mark 2:3–28, 3:1–6). Thus, "Pharisee" has entered the language as a pejorative for one who does so; the Oxford English Dictionary defines 'Pharisee' with one of the meanings as "A person of the spirit or character commonly attributed to the Pharisees in the New Testament; a legalist or formalist". Pharisees are also depicted as being lawless or corrupt (Matthew 23:38); the Greek word used in the verse means lawlessness, and the corresponding Hebrew word means fraud or injustice. However, the Hebrew word "Perushim" from which "Pharisee" is derived, actually means "separatists", referencing their focus on spiritual needs versus worldly pleasures.
In the Gospels, Jesus is often shown as being critical of Pharisees. Not all Pharisees, nor all Jews of that time, were legalistic. Though modern language has used the word Pharisee in the pejorative to describe someone who is legalistic and rigid, it is not an accurate description of all Pharisees. The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well.[3]
The Parable of the Good Samaritan (Luke 10:25–37) is one of the New Testament texts to address this theme. The passage concerns a dialogue between Jesus and an "expert in the law" or "lawyer". As described in verse 25 ("a certain lawyer stood up and tested Him saying, Teacher what must I do to inherit eternal life?," NKJV), the intent of the dialogue was to trap Jesus into making statements contrary to the law. Jesus responds by posing the question back to the lawyer, as already having knowledge of the law, ("What is written in the law?" verse 26) The lawyer quotes Deuteronomy 6:5 "You shall love the LORD your God with all your heart, with all your soul, with all your strength, and with all your mind and your neighbor as yourself.", NKJV) and Leviticus 19:18. The question "Who is my neighbor?", that follows in verse 29, is described as being asked with the goal of self-justification.
It is then that Jesus responds with the story of a man beaten by robbers who is ignored by a Priest and a Levite, but then rescued and compassionately cared for by a Samaritan. Priests and Levites were Israelites whose qualifications and duties were very meticulously set forth in Mosaic law, (Leviticus 10, and Numbers 5-8) while Samaritans were descended from Israelites who had intermarried with their Babylonian captives and had been forced to establish a sect with an alternative interpretation of the Law. In the story, both the Priest and Levite follow their prescribed regulations dutifully, yet do not help the injured traveler, even crossing to the other side of the road to avoid possible rule violations. The Samaritan, whose very existence is based on a refutation of Jewish law, (specifically those post-Pentateuchal biblical books that identify Mount Moriah as the proper place of worship specified in Deuteronomy 12; the Samaritans considered only the Pentateuch canon, and worshipped Yahweh in their temple on Mount Gerizim) goes above and beyond simply tending to the injured man. He takes him to an inn and gives money for the man's care, promises and then actually does return to inquire about the man, and pay any overage incurred. Jesus concludes by asking the lawyer which of the men was a "neighbor" to the beaten traveller, to which the reply was "the one who showed compassion".[4] Then Jesus says to him "go and do likewise".
According to Jeremiah, "the qualities of the
Gaming the system
Gaming the system, also called "rules lawyering", is a pejorative phrase applied to someone who follows the letter of the law to obtain an outcome the speaker finds immoral or contrary to the spirit of the law. There are two reasons why this can be possible. A body of law may have been formulated in a way that permits ambiguity, or else there may be limitations in the law's scope or jurisdiction. For example, an offshore bank account can be used to reduce domestic tax obligations in some countries.
Modern usage
During the COVID-19 pandemic, Singaporean Prime Minister Lee Hsien Loong urged Singaporeans to comply not just with the letter of the Circuit Breaker rules, but the spirit behind why these rules had to be implemented.[6]
See also
- Law
- Judicial activism § Debate
- Expounding of the Law
- Literal rule • Mischief rule • Purposive approach
- Legal abuse
- Legal fiction
- Legal opportunism
- Legal technicality
- Original meaning • Textualism
- Statutory interpretation § Meaning
- The Spirit of Law, the 1748 political theory treatise by Montesquieu
- United States v. Kirby
- Language
- Others
References
- ^ "How do the letter and spirit of the law affect culpability decisions?". OJRU, February 2022, Issue 1. Retrieved March 29, 2022.
- S2CID 161816662– via JSTOR.
- ^ Babalonian Talmud Tractate Baba Metzia 115a, Sanhedrin 21a.
- ^ The Holy Bible, New King James Version, 1982 by Thomas Nelson, Inc.
- ^ Jeremiah 31:31-34). Note: This bible has interpretations and references as footnotes.
- ^ "PMO | PM Lee Hsien Loong on the COVID-19 situation in Singapore on 10 April 2020". Prime Minister's Office Singapore. April 12, 2020. Retrieved September 16, 2023.
This is why I need each of you to take the circuit breaker very seriously. Stay at home; stop socialising in person with others, even with extended family members who do not live with you. Keep in touch with them but by other means, for example online, on the phone, writing emails or even letters. But do not make physical contact, because that is how the virus is spread. Please comply not just with the letter of the rules, but their spirit.