Letter and spirit of the law

Last updated January 07, 2024

The letter of the law and the spirit of the law are two possible ways to regard 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 enforced. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute,^{[ citation needed ]} but in the idiom may refer to any kind of rule.

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

William Shakespeare wrote numerous plays dealing with the letter-versus-spirit antithesis, almost always coming down on the side of "spirit", often forcing villains (who always sided with the letter) to make concessions and remedy. In one of the best known examples, The Merchant of Venice , he introduces the quibble as a plot device to save both the spirit and the letter of the law. The moneylender Shylock has made an agreement with Antonio that if he cannot repay a loan, he will have a pound of flesh from him. When the debt is not repaid in time Portia at first pleads for mercy in a famous speech: "The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven Upon the place beneath. It is twice blest: It blesseth him that gives and him that takes." (IV, i, 185). When Shylock refuses, she finally saves Antonio by pointing out that Shylock's agreement with him mentioned no blood, and therefore Shylock can have his pound of flesh only if he sheds no blood.

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 Federalist Party argued for a looser interpretation of the Constitution, granting Congress broad powers in keeping with the spirit of the broader purpose of some founders (notably including the Federalist founders' purposes). The Federalists would have represented the "spirit" aspect. In contrast, the Democratic-Republicans, who favored a limited federal government, argued for the strict interpretation of the Constitution, arguing that the federal government was granted only those powers enumerated in the Constitution, and nothing not explicitly stated; they represented the "letter" interpretation.

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 Saint Paul to the Corinthians (specifically 2 Corinthians 3:6) refers to the spirit and letter of the law. Though it is not quoted directly, the principle is applied using the words "spirit" and "letter" in context with the legalistic view of the Hebrew Bible. This is the first recorded use of the phrase.^{[ citation needed ]}^[2]

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 new covenant expounded upon the old are: a) It will not be broken; b) Its law will be written in the heart, not merely on tablets of stone; c) The knowledge of God will deem it no longer necessary to put it into written words of instruction."^[5] According to Luke (Luke 22:20), and Paul, in the first epistle to the Corinthians (1 Corinthians 11:25), this prophecy was fulfilled only through the work of Jesus Christ,^[5] who said "This cup is the new covenant in my blood, which will be shed for you." Christ did not come to abolish the law but to fulfill it. His purpose was to encourage people to look beyond the "letter of the law" to the "spirit of the law"...the principles behind the commandments and the law's intention. Jesus quotes the book of Deuteronomy and Leviticus: "All the Law can be summed up in this: to love God with all your heart, all your mind and all your soul, and to love your neighbor as yourself" (paraphrased).

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 Day 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]

Related Research Articles

According to Abrahamic religions, Aaron was a prophet, a high priest, and the elder brother of Moses. Information about Aaron comes exclusively from religious texts such as the Hebrew Bible, the New Testament, and the Quran.

The Torah is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is known as the Pentateuch or the Five Books of Moses by Christians. It is also known as the Written Torah in Jewish tradition. If meant for liturgic purposes, it takes the form of a Torah scroll. If in bound book form, it is called Chumash, and is usually printed with the rabbinic commentaries.

The Pharisees were a Jewish social movement and a school of thought in the Levant during the time of Second Temple Judaism. After the destruction of the Second Temple in 70 CE, Pharisaic beliefs became the foundational, liturgical, and ritualistic basis for Rabbinic Judaism.

The parable of the Good Samaritan is told by Jesus in the Gospel of Luke. It is about a traveler who is stripped of clothing, beaten, and left half dead alongside the road. First, a Jewish priest and then a Levite come by, but both avoid the man. Finally, a Samaritan happens upon the traveler. Although Samaritans and Jews were generally antagonistic towards each other, the Samaritan helps the injured man. Jesus is described as telling the parable in response to a provocative question from a lawyer, "And who is my neighbor?", in the context of the Great Commandment. The conclusion is that the neighbor figure in the parable is the one who shows mercy to their fellow man.

Mark 12 is the twelfth chapter of the Gospel of Mark in the New Testament of the Christian Bible. It continues Jesus' teaching in the Temple in Jerusalem, and contains the parable of the Wicked Husbandmen, Jesus' argument with the Pharisees and Herodians over paying taxes to Caesar, and the debate with the Sadducees about the nature of people who will be resurrected at the end of time. It also contains Jesus' greatest commandment, his discussion of the messiah's relationship to King David, condemnation of the teachers of the law, and his praise of a poor widow's offering.

"The law of Christ" is a New Testament phrase. The related Bible verses are in the Pauline epistles at Galatians 6:2 and parenthetically at 1 Corinthians 9:21.

The Ten Commandments, or the Decalogue, are a set of biblical principles relating to ethics and worship that play a fundamental role in Judaism, Christianity, and Islam. The text of the Ten Commandments appears twice in the Bible: at Exodus 20:2–17 and Deuteronomy 5:6–21.

Luke 10 is the tenth chapter of the Gospel of Luke in the New Testament of the Christian Bible. It records the sending of seventy disciples by Jesus, the famous parable about the Good Samaritan, and his visit to the house of Mary and Martha. This Gospel's author, who also wrote the Acts of the Apostles, is not named but is uniformly identified by early Christian tradition as Luke the Evangelist.

Kedoshim, K'doshim, or Qedoshim is the 30th weekly Torah portion in the annual Jewish cycle of Torah reading and the seventh in the Book of Leviticus. It constitutes Leviticus 19:1–20:27. The parashah tells of the laws of holiness and ethical behavior, repeats the ten commandments, and describes penalties for sexual transgressions. The parashah is made up of 3,229 Hebrew letters, 868 Hebrew words, 64 verses, and 109 lines in a Torah Scroll.

Emor is the 31st weekly Torah portion in the annual Jewish cycle of Torah reading and the eighth in the Book of Leviticus. The parashah describes purity rules for priests, recounts the holy days, describes the preparations for the lights and bread in the sanctuary, and tells the story of a blasphemer and his punishment. The parashah constitutes Leviticus 21:1–24:23. It has the most verses of any of the weekly Torah portions in the Book of Leviticus, and is made up of 6,106 Hebrew letters, 1,614 Hebrew words, 124 verses and 215 lines in a Torah Scroll.

<span class="mw-page-title-main">Matthew 19</span> Chapter of the New Testament

Matthew 19 is the nineteenth chapter in the Gospel of Matthew in the New Testament section of the Christian Bible. The book containing this chapter is anonymous, but early Christian tradition uniformly affirmed that Matthew composed this Gospel. Jesus commences his final journey to Jerusalem in this chapter, ministering through Perea. It can be seen as the starting point for the passion narrative.

The poor tithe, or poor man's tithe, also referred to as the pauper's tithe or the third tithe, is a triennial tithe of one's produce, required in Jewish law. It requires that one tenth of produce grown in the third and sixth years of the seven-year sabbatical cycle be given to the Levites and the poor.

This is a glossary of terms used in Christianity.

The Bible contains many references to slavery, which was a common practice in antiquity. Biblical texts outline sources and the legal status of slaves, economic roles of slavery, types of slavery, and debt slavery, which thoroughly explain the institution of slavery in Israel in antiquity. The Bible stipulates the treatment of slaves, especially in the Old Testament. There are also references to slavery in the New Testament.

"Remember the Sabbath day, to keep it holy" is one of the Ten Commandments found in the Torah.

"Thou shalt not commit adultery" is found in the Book of Exodus of the Hebrew Bible. It is considered the sixth commandment by Roman Catholic and Lutheran authorities, but the seventh by Jewish and most Protestant authorities. What constitutes adultery is not plainly defined in this passage of the Bible, and has been the subject of debate within Judaism and Christianity. The word fornication means illicit sex, prostitution, idolatry and lawlessness.

Thou shalt not kill, You shall not murder or You shall not murder (NIV), is a moral imperative included as one of the Ten Commandments in the Torah.

Brotherly love in the biblical sense is an extension of the natural affection associated with near kin, toward the greater community of fellow believers, that goes beyond the mere duty in Leviticus 19:18 to "love thy neighbour as thyself", and shows itself as "unfeigned love" from a "pure heart", that extends an unconditional hand of friendship that loves when not loved back, that gives without getting, and ever looks for what is best in others.

Galatians 3 is the third chapter of the Epistle to the Galatians in the New Testament of the Christian Bible. It is authored by Paul the Apostle for the churches in Galatia, written between 49–58 CE. This chapter contains Paul's important argument about Abraham's faith and his 'offspring', a designation for "those belong to Jesus Christ".

Capital punishment in the Bible refers to instances in the Bible where death is called for as a punishment and also instances where it is proscribed or prohibited. A case against capital punishment can be made from John 8, where Jesus speaks words that can be construed as condemning the practice. There are however many more Bible verses that command and condone capital punishment, and examples of it being carried out. Sins that were punishable by death include homicide, striking one's parents, kidnapping, cursing one's parents, witchcraft and divination, bestiality, worshiping other gods, violating the Sabbath, child sacrifice, adultery, incest, and male homosexual intercourse.

References

↑ "How do the letter and spirit of the law affect culpability decisions?". OJRU, February 2022, Issue 1. Retrieved March 29, 2022.
↑ Cohen, B (1954). "Note on Letter and Spirit in the New Testament". The Harvard Theological Review. 47 (3): 197–203. doi:10.1017/S0017816000026584. JSTOR 1508532. S2CID 161816662 – via JSTOR.
↑ Babalonian Talmud Tractate Baba Metzia 115a, Sanhedrin 21a.
↑ The Holy Bible, New King James Version, 1982 by Thomas Nelson, Inc.
1 2 "The New American Bible" Confraternity of Christian Doctrine, Nashville, Tennessee, 37202, 1976 (1970) p.949 (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.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[1] "How do the letter and spirit of the law affect culpability decisions?". OJRU, February 2022, Issue 1. Retrieved March 29, 2022.

[2] Cohen, B (1954). "Note on Letter and Spirit in the New Testament". The Harvard Theological Review. 47 (3): 197–203. doi:10.1017/S0017816000026584. JSTOR 1508532. S2CID 161816662 – via JSTOR.

[3] Babalonian Talmud Tractate Baba Metzia 115a, Sanhedrin 21a.

[4] The Holy Bible, New King James Version, 1982 by Thomas Nelson, Inc.

[NAB-5] 1 2 "The New American Bible" Confraternity of Christian Doctrine, Nashville, Tennessee, 37202, 1976 (1970) p.949 (Jeremiah 31:31-34). Note: This bible has interpretations and references as footnotes.

[6] "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.

[1]

[2]

[3]

[4]

[5]

[6]