To: Hawkmoon who wrote (88452 ) 3/27/2012 4:48:02 AM From: teevee Respond to of 217865 In my layman's view, the original common law idea behind the spirit of the law, was so judges could use discretion when unforeseen circumstances, allowed for a legal decision contrary to the letter of the law and without undermining the law, or in the case of changing or evolving social norms, allowed for legal decision as an exception to the letter of the law and more importantly as a precedent for legislators to take under consideration. This actually allowed laws to evolve with ongoing changes in social norms etc. The spirit of the law, was also to ensure that deliberately harmful acts and the perpetrators who committed them, but within the letter of the law, could still be judged against under the spirit of the law. Another historical perspective on this is that our forefathers were well aware of the failings of the letter of the law. One of the others ways this was countered was to include the study of ethics in higher education, the reason being that without ethics, our universities graduate barbarians in pin striped suits with the knowledge and skills to plunder society and the economy. Interestingly, soon after ethics were dropped from curriculums, corporations that traditionally invested in human capital through training and benefits including health insurance, dental and retirement plans, the communities they operated in, research and development, and kept retained earnings to get through economic down turns, became the target of "green mail" by the likes of T. Boone Pickens and other Wall Street sharpies who took a short term view with the knowledge these companies were worth more (cash) dead than alive, by buying control, breaking them up, closing down research and development, deferring or stopping renewal of equipment and facilities, over leveraging the balance sheets, and throwing many people out of work, thereby enriching themselves at the expense of workers, communities, reducing or eliminating the taxes healthy corporations pay on many levels of gov't and weakening the long term sustainability and viability of the economy. Bad behavior cannot be legislated against and ethics are learned. All democracies and a large middle class are at risk until judicial discretion in keeping with the spirit of the rule of law is restored so Wall Street barbarians can be brought to heel. Perhaps ethics should also be restored to curriculums as well.