Quote:
Originally Posted by Harmon
You are right, of course. But most of the time, no single thing is determinative when you talk about these kinds of questions. You have to look for the pattern, and consider the implications. Law is not a science, nor an art, but a learned way of reasoning, in a context where certain things matter, and others don't. It's not entirely logical, although logic plays a role. It includes asking one of my law professors used to ask: "what's the reason for the rule?" Rules, standing by themselves, can sometimes take you in one direction, while when considered in the context of the reason for the rule, take you in another.
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That's exactly why we get so many situations where the "letter of the law" is used to trump the "spirit/meaning of the law". Generally by people who have enough money to hire the best lawyers who know how to twist the words used to write the law into any meaning they need it to mean at the time.
Cheers,
PKFFW
P.S: Very interesting discussion by the way.