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Encyclopedia > Letter of the law

The letter of the law versus the spirit of the law is an idiomatic antithesis referring to intent. When one obeys the letter of the law but not the spirit, he is obeying the literal interpretation of the words (the "letter") of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, he is doing what the authors of the law intended, though not adhering to the precise wording. An idiom is an expression whose meaning is not compositional — that is, whose meaning does not follow from the meaning of the individual words of which it is composed. ... Antithesis (Greek for setting opposite, from against + position) means a direct contrast or exact opposition to something. ... Intent in law is the planning and desire to perform an act. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ...


"Law" originally referred to legislative statue, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Following the letter of the law but not the spirit is also a tactic used against an oppresive government.

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Pro and con

Following the spirit of the law but not the letter is generally viewed more favorably than following the letter but not the spirit. In a court of law, judges usually review the intent of the players involved.


Authoritarians tend to view "following the spirit" negatively as disobeying the law. The reason is that the actual intent of the law may be ambiguous, and allowing anyone to follow his own interpretation of the law may result in anarchy.


Pharisees

In the New Testament, Pharisees are seen as people who place the letter of the law above the spirit (Mark 2:3–28, 3:1–6). Thus, "Pharisee" has entered the language as a pejorative for one who does so; the Oxford English Dictionary defines Pharisee with one of the meanings as A person of the spirit or character commonly attributed to the Pharisees in the New Testament; a legalist or formalist. This negative view of the historical Pharisees is disputed by non-Christians. The word Pharisees comes from the Hebrew פרושים prushim from פרוש parush, meaning a detached one, that is, one who is separated for a life of purity. ... John 21:1 Jesus Appears to His Disciples--Alessandro Mantovani: the Vatican, Rome. ... The word Pharisees comes from the Hebrew פרושים prushim from פרוש parush, meaning a detached one, that is, one who is separated for a life of purity. ... The Gospel of Mark (anonymous[1] but ascribed to Mark the Evangelist) is a Gospel of the New Testament. ... The Oxford English Dictionary print set The Oxford English Dictionary (OED) is a dictionary published by the Oxford University Press (OUP), and is generally regarded as the most comprehensive and scholarly dictionary of the English language. ... The word Pharisees comes from the Hebrew פרושים prushim from פרוש parush, meaning a detached one, that is, one who is separated for a life of purity. ...


Gaming the system

Gaming the system, also called "rules lawyering", is related to following the letter but not the spirit of the law. It is used negatively to describe the act of manipulating the rules to achieve a personal advantage.


See also

The Spirit of the Laws (French: De lesprit des lois) is a book on political theory by Charles de Secondat, Baron de Montesquieu, published in 1748. ... A derogatory slang term. ...

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