Definition: This refers to the literal interpretation of the law. It involves adhering strictly to the exact wording or the explicit provisions laid out in the statutes, regulations, or legal documents.
Application: In cases where someone follows the letter of the law, they abide by the exact wording and the formal requirements of the law, without regard to the underlying purpose or intent of the law.
Example: If a law states that no vehicles are allowed in a park, adhering to the letter of the law would mean that bicycles are also not allowed, even if the intended focus of the law might be motor vehicles.
Spirit of the Law
Definition: This refers to the intended purpose, underlying rationale, or the values and principles that the law aims to uphold. It looks beyond the literal wording to the broader intentions and objectives behind the law.
Application: In cases where someone follows the spirit of the law, they act in accordance with the underlying purpose or the principles that the law intends to promote, even if this means not strictly adhering to the exact wording of the law.
Example: If the spirit behind the “no vehicles” law is to prevent noise and pollution from motor vehicles, adhering to the spirit of the law would mean that non-motorized vehicles like bicycles could be allowed in the park.
In Various Legal Systems
Common Law Systems: Often give judges more leeway to interpret the law, and they might consider the spirit of the law more frequently to ensure justice in individual cases.
Civil Law Systems: Tend to emphasize statutory law and may often focus more on the letter of the law, with judges having less discretion to interpret the law.
Islamic Law (Sharia): Balances both the letter and the spirit of the law, with a focus on achieving the overarching objectives (Maqasid) of the Sharia, such as the preservation of life, intellect, faith, lineage, and property, while adhering to explicit legal rulings.
