RE: Week 6 debate topic - Spirit vs Letter of the law
Ok i am ready to debate on this topic guys!
Both spirit of the statutes and regulations Vs Letters of the documents are essential for the functionality of courts but i will prefer to chose letters of the documents over spirit.
Well Laws are the socially defined parameters to limit the human behavior and spirit can be defined as the situation in which someone has to behave in more proper way like to be more positive. Positive can be elaborated in term of Right thing according to the given situation.
Letters are written norms through which one tries to go under the comparison when it comes to punish someone on law breaking matters of any society. So, i would like to go with Letters strongly because Legislators are human beings and can understand the human nature in more practical way. @wwf !
unfortunately when going with the letter of the law, then those who apply it can decide which definition is used. It always returns to the merits of those that apply the law, it still returns to the spirit of those that apply it. If the creators of the law pass, they cannot stand and say that was not their intent, and already even while alive there will be those that choose to apply it as they see fit. There are no words that can overcome this.
consider how even Christians have been persuaded to go on crusades while the very heart of Christianity says to love your neighbour as yourself. If the word was truly enough this could never have happened. Yet still to this day we have those professing to be Christians killing. It truly is a bizarre world we live in where such is the case...
Interesting that you took the other side. Wonderful to see. So are you suggesting then that because legislators and citizens are human beings, they comprehend human nature and as such are capable of addressing the frailties of being human within their legislation?
If this is your position, then that comprehension would also recognize that other people will attack the documents, find loop holes, technicalities, etc in order to get away with wrong behaviour. As such, how do you propose that your legislators deal with the frailties of the 'letter of the law' that is exposed by these charlatans?
You asked basically two questions let me answer the first one;
Well there could be some frailties by legislators in establishing Laws for a particular society but still my point is they are much aware of the human behavior and they know how can one behave in certain situation. Like there are certain rules of penalties to kill someone at the same time there are certain Laws to proof someone innocent, it all depends upon the situation. Actually situation does matter a lot for which legislation you're talking about. So i do believe justice should be given according to the nature of humans. That is why Laws are made according to human behavior and legislators play vital role in it.
well you asked another question about the frailties of the 'letter of the law' which is established by the legislators.
My take on it there could be NO OBJECTION to the rules set by the legislators. Because Legislators are always neutral and it is the Spirit which can damage those rules and laws.
OK let me give you an example What is the point to curse the letter of documents or written rules when The Worthy Judge takes bribe from one party and delivered spread the injustice in a society.
This thing makes me more clear about the importance of the letters of documents and the legislators. They are purely responsible for transparent justice within a society :) @wwf
I think when he talks about the frailties of the letter of the law he means how the language can be twisted to suit our whims. An example is a "Road work ahead" sign. This could mean that there are people working on the road ahead, or it could mean that the road ahead is in working order.