Spirit of the law vs Letter of the law
... ” It is because I agree with Supreme Court Justice Oliver Holmes, that I must negate the resolution, “Resolved: When in conflict, the letter of the law ought to be prioritized above the spirit of the law. ... The resolution asks us to debate how we should interpret the law. ... This is a debate about how we should interpret the law, the affirmative MUST prove why the exact letter of the law has more urgency, importance, or merit than the spirit when the two conflict. ... I submit the value premise of justice, because this debate is about how we should interpret the law in order to better achieve justice, so justice is the ultimate end in this debate. ... I will later prove how judicial flexibility is better achieved by prioritizing the spirit of the law over the letter of the law. Contention 1: The spirit of the law is more flexible than the letter of the law. Subpoint A: Prioritizing the spirit of the law is more flexible in individual cases. Since the spirit is not subject to such inflexibility, as the letter of the law is, then it better provides for justice.