The Spirit Of The Law Meaning

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. (See also letter of the law)

In one of the best known examples, The Merchant of Venice, Shakespeare 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.

Example: A judge who adheres to the spirit of the law is concerned with the intent and purpose of the lawmaker.