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> I agree in some sense, but spirit of the law also creates very uneven playground and leaves a lot of questions. That happens anyway though, as much of law in
by piva00 2y ago
> I agree in some sense, but spirit of the law also creates very uneven playground and leaves a lot of questions.
That happens anyway though, as much of law in Common Law systems is only settled by precedents, jurisprudence, etc. Even the US's Constitution interpretation is up to the courts when questions arise, that's the courts' job anyhow.
At least working with the spirit of the law allows ways to prevent loopholes in a way that the letter of the law process only allows if new legislation is passed to cover those loopholes.
- vundercind 2y ago> Even the US's Constitution interpretation is up to the courts when questions arise, that's the courts' job anyhow. Judicial review of the constitutionality of laws is itself an invention of the courts, in fact. (And probably a good idea, but it’s something the courts had to decide they had, not a role or power plain in the law). So that specific thing being their job is… something they decided was their job, which is kinda funny.