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by f154hfds
1036 days ago
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I think this misses half of the purpose of 'rule of law'. Some laws are to protect interest of citizens in the state and the state itself, sure, and in that sense the importance of 'spirit of the law' could be cultural. But the other aspect of law is minimizing surprise. Efficiency of commerce depends on a certain amount of consistency around laws. The more consistent the interpretation around a body of laws the more efficiently commerce can occur. In this sense relying on 'spirit of law' is wildly unhelpful because in order to understand legal cause and effect you have to read tea leaves, understand the leaders in office, etc. The west is not immune to this problem but we depart from strict written law to our peril. |
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