The Spirit of Vs The Letter of the Law

In America, the letter of the law range from a simple “traffic light” to “do not kill another person. ” The spirit law can be defined as the moral and social consensus of how the letter of the law should be interpreted. When a person obeys the letter of the law but fails to obey the spirit of the law, he is submitting to the literal explanation of the law but the intent of those who composed the law. On the other hand, when a person observes the spirit of the law but not the letter, he is performing what the writers of the law envisioned but is not following the literal meaning of the law. Following the letter of the law but not the spirit is considered by the people as a tactic used by the government to oppress them.

While cheating is technically illegal, most people are not okay with the heavy penalties of the law for cheating a little. The constitution has been divided on the debate about the letter versus the spirit. For example, the federal party has always argued that the spirit of the law has the broader purpose than letter of the law. However, the democrat and the Republicans have always argued on the side of a strict interpretation of the law. They claim that the government powers are granted by the constitution and it should follow the law as explicitly stated. The Christian bible is a great example of the difference between the letter of the law and the spirit of the law. In the New Testament, the Pharisees and the Seduces are seen as people who consider the letter of the law to be above the spirit.

They are also depicted as unjust and corrupt (“The Spirit and the Letter of the Law,” p17). Jesus is depicted as someone who follows the spirit of the law by always advocating for love, prayer, and spiritual practices. He used the word Pharisee to describe a person who strictly follows the law without questioning the purpose of the law. By following the moral consensus, one can be punished by simply violating ethics even though it is in accordance with his individual rights. Prioritizing the spirit of the law would also lead to a dilemma when making a judgment. For example, driving in a road whose speed limit is at least 65 miles an hour. A person sees a deer crossing and decided to slow down; this causes a series of accidents that injures several people.

Applying the spirit of the law would lead to a dilemma since the person did what was morally right although it was illegal. The history of the difference between the two dates back in the bible on the teachings of Jesus and the Pharisees. Most people feel that the spirit of the law is superior because it considers what the society thinks is moral. However, ignoring the letter of the law would make the law unfair since people would be judged depending on circumstances. The debate of the superiority of these approaches has been present for a long time and judges are always divided on the approach that should be used to make a judgment. The main factor that guides a judge should be the justice not only to be done but as it appears to have been done.