The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words (the "letter") of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, one is doing what the authors of the law intended, though not necessarily adhering to the literal wording.
"Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Following the letter of the law but not the spirit is also a tactic used by oppressive governments.
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William Shakespeare wrote numerous plays dealing with the letter v. spirit antithesis, almost always coming down on the side of "spirit", often forcing villains (who always sided with the letter) to make concessions and remedy. In one of the best known examples, The Merchant of Venice, he introduces the quibble as a plot device to save both the spirit and the letter of the law. The moneylender Shylock has made an agreement with Antonio that if he cannot repay a loan he will have a pound of flesh from him. When the debt is not repaid in time Portia at first pleads for mercy in a famous speech: "The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven Upon the place beneath. It is twice blest: It blesseth him that gives and him that takes." (IV,i,185). When Shylock refuses, she finally saves Antonio by pointing out that Shylock's agreement with him mentioned no blood, and therefore Shylock can have his pound of flesh only if he sheds no blood.
Interpretations of the U.S. Constitution have historically divided on the "Letter v. Spirit" debate. For example, at the founding, the Federalist Party argued for a looser interpretation of the Constitution, granting Congress broad powers in keeping with the spirit of the broader purpose of some founders (notably including the Federalist founders' purposes). The Federalists would have represented the "spirit" aspect. In contrast, the Democratic-Republicans, who favored a limited federal government, argued for the strict interpretation of the Constitution, arguing that the federal government was granted only those powers enumerated in the Constitution, and nothing not explicitly stated; they represented the "letter" interpretation.
Modern Constitutional interpretation also divides on these lines. Currently, Living Constitution scholars advocate a "spirit"-esque interpretative strategy, although one grounded in a spirit that reflects broad powers. Originalist or Textualists advocate a more "letter"-based approach, arguing that the Amendment process of the Constitution necessarily forecloses broader interpretations that can be accomplished simply by passing an amendment.
The Christian Bible references the letter and the spirit of the law in Romans 2:29 NASB. Though it is not quoted directly, the principle is applied using the words "spirit" and "letter" in context with the legalistic view of the Hebrew Bible. This may be the first recorded use of the phrase.
In the New Testament, Pharisees are seen as people who place the letter of the law above the spirit (Mark 2:3–28, 3:1–6). Thus, "Pharisee" has entered the language as a pejorative for one who does so; the Oxford English Dictionary defines Pharisee with one of the meanings as A person of the spirit or character commonly attributed to the Pharisees in the New Testament; a legalist or formalist. Pharisees are also depicted as being lawless or corrupt (Matthew 23:38); the Greek word used in the verse means lawlessness, and the corresponding Hebrew word means fraud or injustice.
In the Gospels Jesus is often shown as being critical of Pharisees, precisely because of his position that the "Spirit of the Law" is the better way. He is more like the Essenes than the other Jewish groups of the time (Sadducees, Pharisees, Zealots), however, The Pharisees, like Jesus, believed in the resurrection of the dead, and in divine judgment. They advocated prayer, almsgiving and fasting as spiritual practices. The Pharisees were those who were trying to be faithful to the law given to them by God. Not all Pharisees, nor all Jews of that time, were legalistic. Though modern language has used the word Pharisee in the pejorative to describe someone who is legalistic and rigid, it is not an accurate description of all Pharisees. The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well.
Some might connect 2 Corinthians 3:6 with such an idea, but that passage talks about "the letter" versus "the Spirit", where "the letter" refers to the Old Covenant and its rules, while "the Spirit" refers to the Holy Spirit (and the New Covenant). The new covenant described in Jeremiah 31:31-33 is a common theme of the prophets, beginning with Hosea.[1] According to Jeremiah, "the qualities of the new covenant expounded upon the old are : a) It will not be broken; b) Its law will be written in the heart, not merely on tablets of stone; c) The knowledge of God will deem it no longer necessary to put it into written words of instruction."[1] According to Luke (Lk 22, 20), and Paul, in the first epistle to the Corinthians (1 Cor 11, 25), this prophecy was fulfilled only through the work of Jesus Christ,[1] who said "This cup is the new covenant in my blood, which will be shed for you." Christ did not come to abolish the law but to fulfill it. His purpose was to encourage people to look beyond the "letter of the law" to the "spirit of the law"...the principles behind the commandments and the law's intention. The law was never intended as a moral slide-rule, but as evidence of transgression. Mankind turned this declaration into a moral code book. Jesus quotes the book of Deuteronomy and Leviticus: "All the Law can be summed up in this: to love Yahweh with all your heart, all your mind and all your heart, and to love your neighbor as yourself" (paraphrased).
Gaming the system, also called "rules lawyering", is the following of the letter (sometimes referred to as RaW or Rules as Written)—over, or contrary to—the spirit (sometimes referred to as RaI or Rules as Intended) of the law. It is used negatively to describe the act of manipulating the rules to achieve a personal advantage. It may also mean acting in an antisocial, irritating manner while technically staying within the bounds of the rules.