The letter of the law and the spirit of the law are two possible ways to regard rules, or

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

s. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, 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 A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. Originally, the word meant an arrowslit, a narrow verti ...

, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the

tabletop role-playing game A tabletop role-playing game (typically abbreviated as TRPG or TTRPG), also known as a pen-and-paper role-playing game, is a form of role-playing game (RPG) in which the participants describe their characters' actions through speech. Participa ...

community.

Legal research

Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the greatest culpability is assigned when both the letter and the spirit of the law are violated.

Shakespeare

William Shakespeare William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...

wrote numerous plays dealing with the letter-versus-spirit antithesis, almost always coming down on the side of "spirit", often forcing villains (who always sided with the letter) to make concessions and remedy. In one of the best known examples, ''

The Merchant of Venice ''The Merchant of Venice'' is a play by William Shakespeare, believed to have been written between 1596 and 1598. A merchant in Venice named Antonio defaults on a large loan provided by a Jewish moneylender, Shylock. Although classified as ...

'', he introduces the quibble as a plot device to save both the spirit and the letter of the law. The moneylender

Shylock Shylock is a fictional character in William Shakespeare's play ''The Merchant of Venice'' (c. 1600). A Venetian Jewish moneylender, Shylock is the play's principal antagonist. His defeat and conversion to Christianity form the climax of the ...

has made an agreement with

Antonio Antonio is a masculine given name of Etruscan origin deriving from the root name Antonius. It is a common name among Romance language-speaking populations as well as the Balkans and Lusophone Africa. It has been among the top 400 most popular ma ...

that if he cannot repay a loan, he will have a pound of flesh from him. When the debt is not repaid in time

Portia Portia may refer to: Biology * ''Portia'' (spider), a genus of jumping spiders *'' Anaea troglodyta'' or Portia, a brush-footed butterfly *Portia tree, a plant native to Polynesia Medication A form of birth control made of ethinylestradiol/lev ...

at first pleads for mercy in a famous speech: "The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven Upon the place beneath. It is twice blest: It blesseth him that gives and him that takes." (IV,i,185). When Shylock refuses, she finally saves Antonio by pointing out that Shylock's agreement with him mentioned no blood, and therefore Shylock can have his pound of flesh only if he sheds no blood.

U.S. constitutional law

Interpretations of the U.S. Constitution have historically divided on the "letter versus spirit" debate. For example, at the founding, the

Federalist Party The Federalist Party was a conservative political party which was the first political party in the United States. As such, under Alexander Hamilton, it dominated the national government from 1789 to 1801. Defeated by the Jeffersonian Repu ...

argued for a looser interpretation of the Constitution, granting Congress broad powers in keeping with the spirit of the broader purpose of some founders (notably including the Federalist founders' purposes). The Federalists would have represented the "spirit" aspect. In contrast, the

Democratic-Republicans The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the ear ...

, who favored a limited federal government, argued for the strict interpretation of the Constitution, arguing that the federal government was granted only those powers enumerated in the Constitution, and nothing not explicitly stated; they represented the "letter" interpretation. Modern constitutional interpretation also divides on these lines. Currently,

Living Constitution The Living Constitution, or judicial pragmatism, is the viewpoint that the United States Constitution holds a dynamic meaning that evolves and adapts to new circumstances even if the document is not formally amended. The Constitution is said ...

scholars advocate a "spirit"-esque interpretative strategy, although one grounded in a spirit that reflects broad powers. Originalist or Textualist scholars advocate a more "letter"-based approach, arguing that the Amendment process of the Constitution necessarily forecloses broader interpretations that can be accomplished by passing an amendment.

The Bible

The 1st century letter of

Saint Paul Paul; grc, Παῦλος, translit=Paulos; cop, ⲡⲁⲩⲗⲟⲥ; hbo, פאולוס השליח (previously called Saul of Tarsus;; ar, بولس الطرسوسي; grc, Σαῦλος Ταρσεύς, Saũlos Tarseús; tr, Tarsuslu Pavlus; ...

to the Corinthians (specifically 2 Corinthians 3:6) refers to the spirit and letter of the law. Though it is not quoted directly, the principle is applied using the words "spirit" and "letter" in context with the legalistic view of the

Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
'' New Testament The New Testament grc, Ἡ Καινὴ Διαθήκη, transl. ; la, Novum Testamentum. (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus, as well as events in first-century Chris ...

Pharisees The Pharisees (; he, פְּרוּשִׁים, Pərūšīm) were a Jewish social movement and a school of thought in the Levant during the time of Second Temple Judaism. After the destruction of the Second Temple in 70 CE, Pharisaic beliefs b ...

are seen as people who place the letter of the law above the spirit (

Mark Mark may refer to: Currency * Bosnia and Herzegovina convertible mark, the currency of Bosnia and Herzegovina * East German mark, the currency of the German Democratic Republic * Estonian mark, the currency of Estonia between 1918 and 1927 * Finn ...

, ). Thus, "Pharisee" has entered the language as a pejorative for one who does so; the

Oxford English Dictionary The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a c ...

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". Pharisees are also depicted as being lawless or corrupt (

Matthew Matthew may refer to: * Matthew (given name) * Matthew (surname) * ''Matthew'' (ship), the replica of the ship sailed by John Cabot in 1497 * ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Chi ...

); the Greek word used in the verse means lawlessness, and the corresponding Hebrew word means fraud or injustice. However, the Hebrew word "Perushim" from which "Pharisee" is derived, actually means "separatists", referencing their focus on spiritual needs versus worldly pleasures. In the Gospels, Jesus is often shown as being critical of Pharisees. He is more like the

Essenes The Essenes (; Hebrew: , ''Isiyim''; Greek: Ἐσσηνοί, Ἐσσαῖοι, or Ὀσσαῖοι, ''Essenoi, Essaioi, Ossaioi'') were a mystic Jewish sect during the Second Temple period that flourished from the 2nd century BCE to the 1st ce ...

than the other Jewish groups of the time (

Sadducees The Sadducees (; he, צְדוּקִים, Ṣədūqīm) were a socio- religious sect of Jewish people who were active in Judea during the Second Temple period, from the second century BCE through the destruction of the Temple in 70 CE. T ...

, Pharisees,

Zealots The Zealots were a political movement in 1st-century Second Temple Judaism which sought to incite the people of Judea Province to rebel against the Roman Empire and expel it from the Holy Land by force of arms, most notably during the First Jew ...

); however, the Pharisees, like Jesus, believed in the resurrection of the dead, and in divine judgment. They advocated prayer, almsgiving and fasting as spiritual practices. The Pharisees were those who were trying to be faithful to the law given to them by God. Not all Pharisees, nor all Jews of that time, were legalistic. Though modern language has used the word Pharisee in the pejorative to describe someone who is legalistic and rigid, it is not an accurate description of all Pharisees. The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well. The

Parable of the Good Samaritan The parable of the Good Samaritan is told by Jesus in the Gospel of Luke. It is about a traveler (implicitly understood to be Jewish) who is stripped of clothing, beaten, and left half dead alongside the road. First, a Jewish priest and then ...

() is one of the New Testament texts to address this theme. The passage concerns a dialogue between Jesus and an "expert in the law" or "lawyer". As described in verse 25 ("a certain lawyer stood up and tested Him saying, Teacher what must I do to inherit eternal life?," NKJV), the intent of the dialogue was to trap Jesus into making statements contrary to the law. Jesus responds by posing the question back to the lawyer, as already having knowledge of the law, ("What is written in the law?" verse 26) The lawyer quotes Deuteronomy 6:5 "You shall love the LORD your God with all your heart, with all your soul, with all your strength, and with all your mind and your neighbor as yourself.", NKJV) and . The question "Who is my neighbor?", that follows in verse 29, is described as being asked with the goal of self-justification. It is then that Jesus responds with the story of a man beaten by robbers who is ignored by a Priest and a Levite, but then rescued and compassionately cared for by a Samaritan. Priests and Levites were Israelites whose qualifications and duties were very meticulously set forth in Mosaic law, (Leviticus 10, and Numbers 5-8) while Samaritans were descended from Israelites who had intermarried with their Babylonian captives and had been forced to establish a sect with an alternative interpretation of the Law. In the story, both the Priest and Levite follow their prescribed regulations dutifully, yet do not help the injured traveler, even crossing to the other side of the road to avoid possible rule violations. The Samaritan, whose very existence is based on a refutation of Jewish law, (specifically those post-Pentateuchal biblical books that identify Mount Moriah as the proper place of worship specified in Deuteronomy 12; the Samaritans considered only the Pentateuch canon, and worshipped Yahweh in their temple on Mount Gerizim) goes above and beyond simply tending to the injured man. He takes him to an inn and gives money for the man's care, promises and then actually does return to inquire about the man, and pay any overage incurred. Jesus concludes by asking the lawyer which of the men was a "neighbor" to the beaten traveller, to which the reply was "the one who showed compassion".The Holy Bible, New King James Version, 1982 by Thomas Nelson, Inc. Then Jesus says to him "go and do likewise". According to Jeremiah, "the qualities of the

new covenant The New Covenant (Hebrew '; Greek ''diatheke kaine'') is a biblical interpretation which was originally derived from a phrase which is contained in the Book of Jeremiah ( Jeremiah 31:31-34), in the Hebrew Bible (or the Old Testament of the ...

expounded upon the old are: a) It will not be broken; b) Its law will be written in the heart, not merely on tablets of stone; c) The knowledge of God will deem it no longer necessary to put it into written words of instruction.""The New American Bible" Confraternity of Christian Doctrine, Nashville, Tennessee, 37202, 1976 (1970) p.949 ( Jeremiah 31:31-34). Note: This bible has interpretations and references as footnotes. According to Luke (), and Paul, in the first epistle to the Corinthians (), this prophecy was fulfilled only through the work of

Jesus Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label= Hebrew/ Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and relig ...

, who said "This cup is the new covenant in my blood, which will be shed for you." Christ did not come to abolish the law but to fulfill it. His purpose was to encourage people to look beyond the "letter of the law" to the "spirit of the law"...the principles behind the commandments and the law's intention. Jesus quotes the book of Deuteronomy and Leviticus: "All the Law can be summed up in this: to love God with all your heart, all your mind and all your soul, and to love your neighbor as yourself" (paraphrased).

Gaming the system

Gaming the system Gaming the system (also rigging, abusing, cheating, milking, playing, working, or breaking the system, or gaming or bending the rules) can be defined as using the rules and procedures meant to protect a system to, instead, manipulate the system ...

, also called "

rules lawyer A rules lawyer is a participant in a rules-based environment who attempts to use the letter of the law without reference to the spirit, usually in order to gain an advantage within that environment. The term is commonly used in wargaming and table ...

ing", is a pejorative phrase applied to someone who follows the letter of the law to obtain an outcome the speaker finds immoral or contrary to the spirit of the law. There are two reasons why this can be possible. A body of law may have been formulated in a way that permits ambiguity, or else there may be limitations in the law's scope or jurisdiction. For example, an offshore bank account can be used to reduce domestic tax obligations in some countries.

References