[longtermmemmory]

no that is not right. This is attempting to use the letter of the law to violate the spirit. This is not different than a husband trying to convice his wife that a oral sex from his secretary was not really sex and adultery.

No this is judicial activism.

[antiRepublicrat]

This is attempting to use the letter of the law to violate the spirit.

Going by the "spirit" of the law is often the first step towards judicial activism. That's where judges get to read into the law what they think it should say.