The rule of law, or the spirit of the law?

[Deja Q]

Poll question: The rule of law, or the spirit of the law?

Should rules always be enforced, or should they be looked at objectively from time to time and re-evaluated?

Think carefully before answering...

[Nikia]

1. They should be changed

Personally I'm for the spirit of the law, but large society depends objectivity. If there are a number of cases where law enforcement or other feel that punishing a person as stated in the law is unjust, the law should really be changed.

[Salviati]

2. The overarching principle should be Justice

Law is at its best just an effort to codify it.

[Bride of Cthulhu]

7. My thoughts exactly,

[newyawker99]

9. Hi Bride of Cthulhu!!

Welcome to DU!! :toast:

[Feanorcurufinwe]

3. We may have differing ideas about the spirit of the law.

I have met a few police officers who had different ideas about the spirit of the law than I did.

In actual practice, rules and laws will always be selectively enforced and/or abused. I think that's just human nature.

No vote.

[Deja Q]

5. That makes us unworthy of a society...

To be so inconsistent and to allow such perversion and to allow whistleblowers to be ruined instead of praised.

Human nature as in human nature, or human nature as repuke have made it evolve to be?

[Feanorcurufinwe]

8. I'm not sure

where "To be so inconsistent and to allow such perversion and to allow whistleblowers to be ruined instead of praised." follows from my comment. At least I'm not trying to imply that whistleblowers shouldn't be praised.

[H2O Man]

4. "Laws" should be living

flexible, and used as a tool for the betterment of society. An example of change for the good would be to trash some of the archaic drug laws; change for the worse would be the trashing of the habeas corpus laws in the '90s. Rigidity is not a strength .... in fact, that which is rigid often shatters under pressure.

[MAlibdem]

6. if over time a law becomes outdated, the legislature should take action on

the law and update it.

However, i think we need an amendment to create an independent "Minority Rights Council" to protect the rights of minorities, homosexuals, and women. Similar powers as those the courts have been taking up.