A Common Misstep of the Common Law

A judge is a servant of the law and not its master. The role of a judge is to apply the law in particular cases; the role of the Legislator is to create law for universal governance. The letter of the law is an expression of the spirit of the law, which is the intention of the Legislator. Thusly, although law is a composite of letter and spirit, the law is truly found in the spirit, which is known most directly by the Legislator. Therefore the authentic interpretation of the law is reserved to the Legislator, who knows to the fullest extent the spirit of the law, the most essential element of law of which the letter of the law is an expression (cf. CLIF 52 §101.2).