Publication Date
Spring 4-29-2025
School
College of Arts and Sciences; Helms School of Government
Major
Government: Pre-Law; History
Keywords
Spirit, Letter, Intent, Purpose, Principle, Natural Law, Legal Positivism, Positive Law, Command, Text, Language, Textualism, Intentionalism, Purposivism
Disciplines
Jurisprudence
Recommended Citation
Noble, Caleb W., "Language and the Law: The Nature of Law and Statutory Interpretation" (2025). Senior Honors Theses. 1509.
https://digitalcommons.liberty.edu/honors/1509
Abstract
The purpose of this thesis is twofold. First, it will demonstrate that law is both letter and spirit and that the letter and spirit should be balanced in interpretation. This thesis also seeks to define the spirit and letter of the law and their various components. The spirit is the metaphysical essence that embodies law and is made of intent, purpose, principle, and natural law. The letter is the substance of law and is made of promulgated commands, text, and language. Therefore, as law is both letter and spirit, these two must be balanced in interpretation. The nature of interpretation is to define what the law is and to interpret it as anything less than spirit and letter is to pervert the very nature of law.
