ASPECTS OF THE LAW - Letter and Spirit
(various Emphasis Added)
(various Emphasis Added)
In the second section, of the introduction of Commentaries, "of the Nature of Laws in General", Blackstone commented on "a few observations concerning the interpretation of laws".
Interpretation: "The art or process of discovering and expounding the intended signification of the language used in a statute, will, contract, or any other written document, that is, the meaning which the author designed it to convey to others."
”THE fairest and most rational method to interpret the will of the legislator is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subject matter, the effects and consequence, or the spirit and reason of the law...”
Briefly:
1. "Words are generally to be understood in their usual and most known signification; not so much regarding the propriety of grammar, as their general and popular use." (the letter of the law).
2. "If words happen to be still dubious, we may establish their meaning from the context; with which it may be of singular use to compare a word, or a sentence, whenever they are ambiguous, equivocal, or intricate."
3. "As to the subject-matter, words are always to be understood as having a regard thereto; for that is always supposed to be in the eye of the legislator and all his expressions directed to that end"
4. "As to the effects and consequence, the rule is, that where words bear either none, or a very absurd signification, if literally understood, we must a little deviate from the received sense of them."
5. "But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it. For when this reason ceases, the law itself ought likewise to cease with it."
As you can see, Blackstone considered determining the "reason and spirit of it" as being the best method of interpreting the Law. This concept is often used, interchangeably today, with the term "intent" of the law.
The concept of the intent of the law being superior to the letter of the law is not new. Numerous examples can be found in our own legal history. One such case, decided by the US Supreme Court, is United States v. Kirby, 1868.
In summary, it was (and still is, by the way) a federal crime to interfere, or obstruct, a mail carrier when they are delivering the mail. Kirby, along with three others, admitted to interfering with a mail carrier, named Farris, while he was working. A [brain-dead] federal prosecutor (a Mueller family ancestor?) charged all four with violating the law. However, as one commentator is famous for saying, here is .... "the rest of the story".
It turns out that Kirby was the Sheriff and had been given a warrant, ordering him to arrest Farris for murder. Kirby grabbed three others, as a posse, and went out and snatched Farris, in compliance with the warrant. The court's ruling on the absurd federal charges was concise, and to the point:
"All laws should receive a sensible construction [interpretation]. General terms should be limited in their application as to not lead to injustice, oppression or an absurd consequence.....The reason of the law should in such cases prevail over it's letter."
With an understanding of how the concepts of the letter of the law and the spirit of the law form the basis for the interpretation of the law, we can proceed to the next aspect of the law - Judicial Review.
Interpretation: "The art or process of discovering and expounding the intended signification of the language used in a statute, will, contract, or any other written document, that is, the meaning which the author designed it to convey to others."
”THE fairest and most rational method to interpret the will of the legislator is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subject matter, the effects and consequence, or the spirit and reason of the law...”
Briefly:
1. "Words are generally to be understood in their usual and most known signification; not so much regarding the propriety of grammar, as their general and popular use." (the letter of the law).
2. "If words happen to be still dubious, we may establish their meaning from the context; with which it may be of singular use to compare a word, or a sentence, whenever they are ambiguous, equivocal, or intricate."
3. "As to the subject-matter, words are always to be understood as having a regard thereto; for that is always supposed to be in the eye of the legislator and all his expressions directed to that end"
4. "As to the effects and consequence, the rule is, that where words bear either none, or a very absurd signification, if literally understood, we must a little deviate from the received sense of them."
5. "But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it. For when this reason ceases, the law itself ought likewise to cease with it."
As you can see, Blackstone considered determining the "reason and spirit of it" as being the best method of interpreting the Law. This concept is often used, interchangeably today, with the term "intent" of the law.
The concept of the intent of the law being superior to the letter of the law is not new. Numerous examples can be found in our own legal history. One such case, decided by the US Supreme Court, is United States v. Kirby, 1868.
In summary, it was (and still is, by the way) a federal crime to interfere, or obstruct, a mail carrier when they are delivering the mail. Kirby, along with three others, admitted to interfering with a mail carrier, named Farris, while he was working. A [brain-dead] federal prosecutor (a Mueller family ancestor?) charged all four with violating the law. However, as one commentator is famous for saying, here is .... "the rest of the story".
It turns out that Kirby was the Sheriff and had been given a warrant, ordering him to arrest Farris for murder. Kirby grabbed three others, as a posse, and went out and snatched Farris, in compliance with the warrant. The court's ruling on the absurd federal charges was concise, and to the point:
"All laws should receive a sensible construction [interpretation]. General terms should be limited in their application as to not lead to injustice, oppression or an absurd consequence.....The reason of the law should in such cases prevail over it's letter."
With an understanding of how the concepts of the letter of the law and the spirit of the law form the basis for the interpretation of the law, we can proceed to the next aspect of the law - Judicial Review.
NEVER FORGET !
