Letter and Spirit of the Law: The Meaning of Justice [5.3375]

Abstract

This comment analyzes the judgment delivered in 1902 in the so-called Góngora Case and examines the interpretive methods employed by the courts in applying Article 19 of the Chilean Civil Code. It contends that the alleged opposition between the literal meaning of the law and its spirit is a false dichotomy. The comment critically discusses the first-instance decision and highlights the Court of Appeals’ proficiency to reconcile literal and teleological methods of interpretation in adjudicating the claim for a declaratory remedy. It concludes by emphasizing the need to move beyond formalist approaches that rely exclusively on conformity to the statutory text.