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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 ...
The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
White (1924) marked the beginning of the looser American Rule that the intent of the law was more important than its text. This is sometimes termed the soft plain meaning rule, where the statute is interpreted according to the ordinary meaning of the language, unless the result would be cruel or absurd. For example, see Rector, Holy Trinity ...
Another example of Montesquieu's anthropological thinking, outlined in The Spirit of Law and hinted at in Persian Letters, is his meteorological climate theory, which holds that climate may substantially influence the nature of man and his society, a theory also promoted by the French naturalist Georges-Louis Leclerc, Comte de Buffon. By ...
Hence, statutes were viewed from the point of view of their effect upon the common law, as adding to it, subtracting from it or patching it up. Then also, in the time of Heydon's Case, the judges paid more attention to the "spirit" of the law than to the letter. Having found the mischief they proceeded to make mischief with the words of the ...
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with ...
As they fight to reclaim their history, some in Montana’s Two-Spirit community are challenging a state law that defines sex as binary because it ‘infringes’ on their spiritual and cultural ...
The principle was also discussed by Montesquieu in The Spirit of Law (1748). [42] The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755). [43] In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the ...