In common law systems (US, UK), there is greater emphasis on the spirit or intent behind the law. Judges have more flexibility to interpret laws and use general principles.
Civil law systems place more importance on the letter of the law. The spirit behind the law is secondary. The written legal codes are more important.
EU law is mixture of both, but most continental European countries have civil law system (Ireland does not, Nordic countries have mix of civil and common law)
Since the 1980s letter of the law has seen a remarkable upswing in power. I wouldn’t say spirit of the law applies anymore to SCOTUS rulings & I suspect federal appointments followed similar biases so it’s up & down the federal court. Not sure about state judges. Do you agree?
In common law systems (US, UK), there is greater emphasis on the spirit or intent behind the law. Judges have more flexibility to interpret laws and use general principles.
Civil law systems place more importance on the letter of the law. The spirit behind the law is secondary. The written legal codes are more important.
EU law is mixture of both, but most continental European countries have civil law system (Ireland does not, Nordic countries have mix of civil and common law)