3 ms·
I think "spirit of the law" can be interpreted as how the (written) law was trying to get at The Law. But even that spirit is not The Law. Here's an example - m
by lainga 3y ago
I think "spirit of the law" can be interpreted as how the (written) law was trying to get at The Law. But even that spirit is not The Law. Here's an example - modern Germany defines itself as a Rechtsstaat. On the face of it this is a "State of the rule of law". But this fails to capture what distinguishes it from a hypothetical Gesetzstaat, so Wikipedia also tries on "state of justice and integrity" and "constitutional state" to get the distinction across. And the absence of Recht - a Nichtrechtsstaat - is one "based on the arbitrary use of power".
The historical context is that of trying to define what in a state should set it apart from both the 3rd Reich and the DDR.
https://en.wikipedia.org/wiki/Rechtsstaat https://en.wikipedia.org/wiki/Rechtsstaat