Know what legal meaning is meant by "the spirit of law, not its text"
"The spirit of law" is a phrase that everyone is hesitant about, but no one knows its true meaning. In the framework of the services provided by the seventh day, we present today the legal opinion of the meaning of "the spirit of law".
In an example, Ashraf Naji, a lawyer, said that if a person commits a car because he is late for a party, he is different from someone who is quicker to save his son or because his wife is pregnant and is about to give birth to her child. Discretionary authority through which the spirit of the law is used. Sometimes the need for the accused is considered at the time of theft, although the motives do not affect criminalization, but the judge may apply the spirit of the law for a particular reason in his or her conscience.
"We find that the spirit of the law is clearer in criminal cases than others, those that raise the circumstances of the imagination of the judge, and whether there are psychological or mental or pathological motives or even special circumstances led to the occurrence of criminal act and here appear when the judge when examining the legal texts spirit Of the law and the legal text allowing him to commute or stop the sentence.
Naji added: There are cases in which the spirit of the law disappear, the issues can not tolerate any options and does not allow the judge any discretionary authority, most notably the issues of administrative justice, the legal text is applied professionally, for example, if a government decision is contrary to administrative law is the decision to cancel the decision and the consequent effects Therefore, the spirit of law is strongly demonstrated in cases and disappears strongly in other cases. In the end, the spirit of law remains the straw sought by the drowning in a moment of hope.
– The meaning of the spirit of law
Post a Comment