[cabo35]

It would appear that we are on the slippery slope of one of the oldest legal debates in the world. Montesquieu's masterpiece, The Spirit of the Laws is a fascinating treatise on the social, cultural and political implications of law.

A biblical reference can be found in Romans 2:29 (New American Standard Bible)

29But (A)he is a Jew who is one inwardly; and (B)circumcision is that which is of the heart, by the (C)Spirit, not by the letter; (D)and his praise is not from men, but from God.

The best explanation for the debate I can find is from an author unknown in Wikipedia.

The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one 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, one is doing what the authors of the law intended, though not adhering to the literal wording.

My best guess is that each of us selectively subscribes to the position that fits are comfort zone as defined by our personal values, experience and biases. That is not to say we might be for the letter of the law in some matters and for the spirit in others. Maintaining 25 mph in a 25 mph zone comes to mind.

By the way.....I am predominately a spirit of the law advocate.

4thekids