It is questionless desirable in all ordinary cases, wherever positive law is established, to restrain ourselves within the letter of that law and to allow the criminal all the benefit, if benefit to him shall result, of any evasion or escape that the law shall afford him.
This quote emphasizes the importance of adhering strictly to the letter of the law, suggesting that within the normal scope of legal statutes, individuals and authorities alike should avoid overstepping or interpreting laws beyond their explicit wording. The suggestion is that the law itself provides mechanisms for justice and fairness, including opportunities for evasion or escape that might benefit ill-intentioned actors. From a moral and pragmatic perspective, this approach aims to uphold the integrity of the legal system, fostering predictability and consistency. It promotes the idea that justice should be administered according to established statutes without unwarranted expansion, which could lead to prejudicial or arbitrary consequences. Moreover, allowing individuals to benefit from lawful evasions implies a recognition that laws are not always perfect and that their explicit form is the most reliable guide in penal matters. Legally, this stance underpins the principle that legality is fundamental—people should be able to foresee the consequences of their actions based on written laws and that those laws should be applied uniformly. From a broader viewpoint, this perspective encourages careful law-making, ensuring statutes are clear, precise, and comprehensive enough to minimize loopholes or ambiguities that could be exploited. Overall, the quote champions a disciplined and principled approach to law enforcement, emphasizing the importance of respecting the boundaries set by positive law, which is essential in maintaining justice and social order.
