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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.
The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
Hence, statutes were viewed from the point of view of their effect upon the common law, as adding to it, subtracting from it or patching it up. Then also, in the time of Heydon's Case, the judges paid more attention to the "spirit" of the law than to the letter. Having found the mischief they proceeded to make mischief with the words of the ...
White (1924) marked the beginning of the looser American Rule that the intent of the law was more important than its text. This is sometimes termed the soft plain meaning rule, where the statute is interpreted according to the ordinary meaning of the language, unless the result would be cruel or absurd. For example, see Rector, Holy Trinity ...
The textualist position holds that courts should follow the text of a law rather than attempt to read exceptions into the law in accordance with the legislative intent. Scalia has thus criticized the principle of the Holy Trinity case as "nothing but an invitation to judicial lawmaking". [6] In Public Citizen v.
By Martin Quin Pollard. BEIJING (Reuters) - Proposed changes to a Chinese public security law to criminalise comments, clothing or symbols that "undermine the spirit" or "harm the feelings" of the ...
The principle was also discussed by Montesquieu in The Spirit of Law (1748). [41] The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755). [42] In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the ...
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