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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.
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]
The rule of law is a political and legal ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers, government officials, and judges. [2] [3] [4] It is sometimes stated simply as "no one is above the law" or "all are equal above the law".
De l'esprit des lois ((On) The Spirit of Law, 1748) (volume 1 and volume 2 from Gallica) Défense de "L'Esprit des lois" (Defense of "The Spirit of Law", 1750) Essai sur le goût (Essay on Taste, published posthumously in 1757) Mes Pensées (My Thoughts, 1720–1755) A critical edition of Montesquieu's works is being published by the Société ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. However, according to Francis Bennion , author of texts on statutory interpretation, [ 8 ] there are no such simple devices to elucidate complex statutes, "[i]nstead there are a thousand and one interpretative ...
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A Treatise on the Rules for the Selection of the Parties to an Action (1870) England's Case against Home Rule (1887) The Privy Council: The Arnold Prize Essay (1887) Letters on unionist delusions (1887) A digest of the law of England with reference to the conflict of laws (1st ed. 1896, 2nd ed. 1908);