Uploaded by Jim Fredwill Botiwey

Reflection Paper

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A Balance of Life and Death in the Law’s Hands: A Reflection on
“The Letter Kills, but the Spirit Brings Life”
To find that a portion of a Bible verse embodies the essence of
statutory construction really emphasizes its relevance not just in law
and justice but in every other portion of human life where there is text.
Considering the timeline of when the Bible was written, it can be said
that when written text came about, there has already been a great
importance placed upon the meaning behind every text. This
importance is attributable to the words its writer used indicating that it
is the life and death of one who is bound by whatever text and its
meaning. Specifically, the text in of itself was attributed to death
whereas the spirit of that text is attributed to life. This is most especially
true when taken into the context of law where man’s statutes and rules
are put into written text. Although it can be said that other kinds of text
such as those of stories or poems find the applicability of this saying in
that the spirit or meaning behind their text brings life into the
understanding and enlightenment of its readers as to their writer’s
message. But, text that embodies the law carries with it as well the
power to bring death to one’s life, liberty, or belongings. Thus, the
saying that “the letter kills, but the Spirit brings life” puts into the hands
of law the powers of life and death over everything within the scope of
human life, making the law of utmost importance in determining its
intentions and meaning.
The law is indeed one whose scope is so pervasive that it covers
every of man’s life from the time even before their birth up to their
death, that is why determining the spirit behind the text of the law
dictates whether that life continue or be impeded. This pervasiveness
of the scope of the law is felt by each and everyone of us who are found
in a society established with rules and laws. Essentially, even before
we are born there are laws that cover us, up to the time we grow and
develop and become functioning citizens of society to our deaths. May
it be the things we do or the things we own to the rights we enjoy from
our status, age, or profession, there is a law that covers that area. That
is why it is so important the spirit of the text be considered because in
any time of our lives and the things we do or possess during that time
may be prone to their death if the law is taken simply by its text. There
may be a law whose text indicates that a certain right be taken away
but the intention behind that law provides for different circumstances
of its applicability, saving another from that right being taken away from
them. Penal laws by their text may punish certain acts or omissions but
whose intentions only want to punish instances that is meant to be
punished, thus saving those who are meant to be saved by the
intentions of the authors of that law from their liberty being taken away
from them. Thus, life is given to those and their acts or belongings by
the intentions of those laws that cover them. This life, in turn, could
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mean the success of one who can continue exercising his or her liberty.
This life could mean the use of certain belongings that is essential to
their well-being. This life could even mean the preserving of their life
itself. That is why there is statutory construction, in order to bring about
that life as determined to be just and what is intended by the authors
of the law.
Another thing to consider is how death is associated with the
letter or text, putting more importance into statutory construction.
Although there may be certain things that is necessary for the law to
kill such as those that may be a threat to society or to others, there
must also be a balance of things to give life to in preserving and serving
justice to those who need it. This balance is necessary because if the
law’s only purpose and power is to kill, then the law because
oppressive to a point that can be a cause for the lessening of its
legitimacy on the people’s side. Thus, it becomes necessary that the
intentions of its authors be considered because generally, the author’s
of such law create those laws in the service of the people and the
upholding of general welfare. This is most especially true for countries
such as the Philippines whose legislators are representatives of the
people themselves. Thus, they essentially carry with them the interests
of the people in the creation of legislations. If these representatives
create a law, and this law be taken only by its text, then it could come
to a point that would kill too much of their rights or enjoyment of
property that would go against their interests. This in turn, puts into
question the legitimacy of the law and of those who created the law is
it goes against the will and interests of the people. That is why there
must be a balance in so much that the people and the courts come to
understand the intentions of these representatives so that life may be
given to those who are involved in that law and deserve life.
Taking then into consideration statutory construction, it can be
seen as the one that brings out the spirit of the letter or text of the law.
Without this, judges and courts would only be limited to the text itself
whether it would really bring life or death. Thus, this becomes the tool
or medium in bringing out the spirit, which is the intentions of the
authors, of the laws they have written in order to balance out the
powers of the law in killing or giving life when they are applied in
judgments or decisions. This life that they give may also be life in the
sense that they bring about understanding and enlightenment as to
what was the intentions of the authors in creating the law that also has
the power to kill. It then becomes necessary when the text becomes
ambiguous and is at risk of bringing about injustice by bringing about
death to a party that does not deserve it. This goes back to the point
that those who have created these laws, in their representation of the
interests of the people, would not have intended to bring death upon
those who truly do not deserve it. That is why statutory construction is
necessary in that it is what brings about the spirit of the text, which is
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the life of the text and the power that is counterpart to the power of
death that is also held by law.
We now see that there is indeed a need to balance out these
powers that the law possesses. This power, being brought about
through the decisions and judgments of the court as well as to how
laws control or restrict human life for the general welfare of society, is
essentially in the hands of the law to which depends on how they were
worded and how they would be understood. A mismatch between the
written text and the intentions of the authors of the law can spell the
death and life of those who are affected by it. This is why the spirit and
text of the law is of upmost importance because it holds the life and
death of human life, including their rights and belongings. It is
pervasive in so much as there must truly be a balance between the two
in order to achieve justice and the general welfare of society. Thus,
statutory construction comes into play as it becomes that which
balances these powers that is in the hands of law.
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