3 ms·
> Spirit-of-the-law practice means most honest judges would quickly throw out this sort of technicality-based argument, particularly in the anglosphere. The in
by kwhitefoot 3y ago
> Spirit-of-the-law practice means most honest judges would quickly throw out this sort of technicality-based argument, particularly in the anglosphere.
The intent of the law is a big part of what courts deal with in Roman law/civil law countries too. In Norway statutes are typically fairly general leaving precision to preparatory works, Supreme Court precedent, administrative regulations and the courts. So the spirit and intent of the law is certainly a big thing in at least some non-Anglosphere legal systems.
See https://www.advokatforeningen.no/en/features-of-the-norwegian-legal-system/features-of-the-norwegian-legal-system/ https://www.advokatforeningen.no/en/features-of-the-norwegia...
And the Anglosphere is hardly uniform in this respect, in particular in recent decades there has been a proliferation of detailed strict liability laws in England which restrict the courts abilities to interpret the law.