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The Spirit Of The Law Essay

1221 words - 5 pages

The Spirit Of The Law

“When one obeys the spirit of the law and not the letter of the law, one is doing what the authors of the law intended” (Wikipedia, para 1). The spirit of the law allows for flexibility in the justice system. It allows for the interpretation of situations and cases. The spirit of the law allows for individuals to think from various perspectives and requires a deeper understanding of the situations. Rather than having one specific perspective on the issue such as Letter of the Law, the Spirit of the Law allows for the analysis of cases, flexibility, and justice.

It is important to interpret the situations leading up to an outcome, as it allows for a better ...view middle of the document...

Using Jean Jacques Rousseau’s theoretical perspectives of freedom and law, Mr. Latimer’s charges should have been down graded. “Instead of facing life in prison with no chance of parole for 10 years” (Wikipedia, para 4), he should have been given 8 months in prison and rehabilitation for the crime that he had committed and for the emotional and mental pain that he faces. It is clear that the crime was not analyzed thoroughly. Mr. Latimer only intended to remove his daughter from the pain and disabilities that she was suffering from. Mr. Latimer’s case should have been interpreted differently and understood in the manner of a father and not a monster. The method that was used in his case was the Letter of the Law and it is evident that justice was not served, because of the punishment Mr. Latimer received.

“On November 25th, 2006, [three men were shot a total of fifty times by a team of] both plainclothes and undercover NYDP officers, killing Sean Bell on the morning before his wedding, and severely wounding two of his friends, Trent Benefield and Joseph Guzman. On April 25th, 2008, all three of the police officers indicted [were acquitted on all three accounts of: manslaughter, reckless endangerment and assault]” (Wikipedia, para 1). It is evident that there was a use of excessive force by the police officers. Sean Bell was an unarmed male who was brutality attacked by a group of policemen. Jean Jacques Rousseau’s theory relies heavily on justice. He believed that those who committed an offence should face the consequences. By interpreting the circumstances leading up to the assault, the officers should have been found guilt of their actions. The charges did not justify their aggressiveness and therefore, they should have been higher. Aristotle “[would have used his theory of Rationalism]” (Internet Encyclopedia of Philosophy, para 1). Sean Bell deserved justice and although the officers used excessive force in order to protect themselves, they should face the consequences of their actions. The officers should have faced higher charges and should have been placed on probation for their behaviour or removed from their employed positions. The individuals involved in the case should have been more rational and observant, as justice was not served to Sean Bell.
In the early mornings hours of New Year’s Day, 2009, Oscar Grant III “was fatally shot by BART police officer Johannes Mehserle in Oakland, California, United States” (Civil Liberties, para 1). Officer Mehserle killed Mr. Grant while he was in handcuffs on the ground, using a SIG Sauer P226, which he fired in to Grant’s back. Mehserle was...

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