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by oarsinsync 42 days ago
> Becauae "spirit of the law" doesnt exist. It is a saying used by people when they want to do something that isnt in the law. You dont see lawyers, judges or law makers use the phrase.

This is dependent on jurisdiction. Some countries (e.g. the USA) do not consider spirit/intent (anymore), as the judiciary has repeatedly ruled that the letter of the law, as written, is what matters, regardless of whether it meets the intent of what the law was written to achieve.

There are other countries in the world, outside of the USA, that do not work this way.

1 comments

Intent is expressed through drafter's notes or explanations. "Spirit" is somerhing else, something made up later by people who had nothing to do with th3 creation of the law.
> The letter of the law and the spirit of the law are two ways of interpreting rules or laws. To obey the "letter of the law" is to follow the literal reading of the words of the law, whereas following the "spirit of the law" is to follow the intention of why the law was enacted.

https://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law

It is always a good sign of modernity and relevance when the half an article's citations are to either the bible or the Talmude. And who can forget the legal touchstone that was the 1975 Systems Engineering Conference ... in Vegas.
The only relevant part there was the definition, which I quoted to you. If you prefer a different one, have this one.

> the spirit of the law - noun phrase

> the aim or purpose of a law when it was written

https://www.merriam-webster.com/dictionary/the%20spirit%20of...