Is it possible to follow the spirit of the law without following the letter of the law?

Question

This is an ethical question relating to an issue I've been thinking about lately. I purposely left the question vague because I'm interested to hear a range of opinions on this matter. Examples are great.

Answer 1

Happens everyday. We have Judges to interpet the law and are charged with upholding the general statutes of the law but often make judgement on the spirit of the law. A good example would be where the judge made the ruling on the wiretapping case the NSA is doing. The judge ruled that although the presidential powers during wartime gives him certain rights the spirit of our constitutional right to privacy had been violated. Interpetation with freedom to understand the spirit in which a law is created and enforced is just allowing the excersise of common sense.

Answer 2

This is a great question. Unfortunately I don't have a great answer because it was so vague. The spirit of the law would be the actual law. The letter of the law is most likely the interpretation of it. As such, it can be interpreted different ways. However, if the creator of the law has spelled it out and interpreted it for you, then there is no other interpretation. In that case the spirit of the law and the letter of the law are one in the same. However, because times progress and change this most likely doesn't happen with laws regarding nations and people. A great example of this is the abortion debate. No one would kill or agree with killing a life. The question is where does life begin. The spirit of the law says no taking of life period. The letter of the law actually dictates a time when life begins.

Answer 3

I can only offer an answer based on my experience. It depends! If you are fortunate enough to have a Judge who believes in Right and Wrong then there is a higher probability that the spirit of the law will be dominant in the Judges ruling. Unfortunately, I have not thus far experienced a Judge who believes in anything but legal and illegal. Here in Washington County Oregon, our Judges are tired of the petty garbage that stinks up their courtrooms. They have developed a thick skin and lack compassion in their rulings. They are so worried about popularity in their inner circle that they forget the spirit of the law and their responsibility to the people. Our court system, made up of humans is fallible. To remedy this problem there would have to be some extremely passionate individuals willing to rock the boat a bit or maybe even turn the boat over. Things won't change without effort. To many of our Judges fall into the norm just to avoid being unpopular. It is sad that so many lives have been destroyed because our Judges are complacent and unwilling to put forth the effort to make the legal system work as it was intended to work. Justice is the spirit of the law, and Justice is based on whats right and wrong, not whats legal and illegal. This is simply my opinion.

Answer 4

Absolutely. This is a debate that has been going on between judges for years. Heres an example which (I think) is from a classic book called "Doing Things With Rules".

Mother is sick of her child stealing biscuits out of the pantry, so she puts up a sign on the pantry door that says "Children not to enter the pantry". The "literalist" child ("literalist" being the label given to judges who believe in following "the letter of the law") gets a broom, knocks the packet of biscuits onto the floor and retrieves it without "entering" the pantry. Obviously the child is breaching the spirit, though not the letter, of the law.

This is an example of the opposite of what you've asked, though I think it shows that "spirit" and "letter" can be very different. To demonstrate that legislatures actually approve sometimes of breaching the letter but not the spirit, heres section 15AA of the Acts Interpretation Act (Commonwealth of Australia), which reads:

"In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act... shall be preferred to a construction that would not promote that purpose or object".

ie: dont interpret the law literally if it would defeat its purpose

Answer 5

First question: have you ever not heard of the hot testomony? have you ever not study it? Do you not be responsive to that Jesus the Son of God got here into the worldwide to take our sins upon Himself on the go and consequently make it accessible for all adult adult males to acquire forgiveness and be saved? The old and New testomony is likened to an old and New will. while the hot will is written, the old will is null and void. for this reason, not greater desire for sacrifices using fact Jesus paid the main suitable sacrifice on our behalf. The seventh day, or Sabbath is Sunday. Why maximum of do not pass to Church is every physique's wager. 2d: Spirit of the regulation?? No such element my expensive. there is Spirit and there is regulation, they're separate and don't have something to do with one yet another. As I defined above, we now not stay via the old rules. we've self belief, Grace, Forgiveness, Jesus Christ. it is glaring which you do not study the Bible or you would be familiar with the ten commandments. Thou shall not kill, thou shall not commit adultery, etc you do not have 'letter' with 'spirit'. One cancels out the different. consequently your questions at the instant are not valid.

Answer 6

Yes.
Language is rarely so free from ambiguity as to be incapable of being used in more than one sense. Sometimes, what the legislature actually had in mind is not accurately reflected in the language of a statute, and its literal interpretation may render it meaningless, lead to absurdity, injustice or contradiction.

There are times when “idolatrous reverence” for the law sacrifices the human being. The spirit of the law insures man’s survival and ennobles him.

In the words of Shakespeare, “the letter of the law killeth; its spirit giveth life.”

Answer 7

Yes, in some cases, following the spirit of the law actually upholds the letter of the law more thatn obeying the letter of the law... (sounds almost contradictory, but look at the example)
Example,
A terrorist is plannig to perform a horrible attack.
The police find this terrorist, but he won't reveal the details of the attack. The police know the date but not the locations. The police use some "questionable" tactics to force him to reveal the specifics of the plot so that they can save thousands of lives. Were the police justified?
I say, yes, to a certain extent. (obviously we don't want to support torture)

Answer 8

No.Because the law is stated in no uncertain language
so as not to confuse the boundaries on which it is based.

To follow the spirit of the law would be to follow your

OWN law,even if it were in essence the same thing as

the original.

Now,in certain circumstances,this sucks tremendously.
You want to jaywalk to save time and you don't see a car in either
direction but jaywalking is illegal.

Thankfully,that's why we have judges too.

Answer 9

Yes, except you probably have to explain it rightaway. Its liek taking two steps forward and one step back. You have to do something bad in order for good to happen.
Vigilantes in the old wild west are great examples. They are there to do the greater good, but they have to kill some people in the porcess.
Robin Hood! He steals from the rich and gives that money to the poor.

Answer 10

yes, that's why they have judges. the judges, through their knowledge of law and common sense decide on the letter or spirit of the law.