a concept started on Frankfort jewry & expanded elsewhere called Ersetzestrau
That is is fealty to the law of Judaism as codified but not to the Medrash
now all this is too far and I hope no one is claiming that much
however one has to start with the base
and the base is severity of the punishment as far as we are concerned in this world
not in terms of some metaphysical spirituality
the base is the severity of punishment determines
Second:
a positive commandment one only has to pay one-third of his wealth to fulfill
a negative commandment must give away every drop of his possessions to avoid overriding
Plus
something which is obligated in death penalty or Kares
a positive commandment generally( though there are exceptions) does not override it it while positive
commandment do override a regular negative commandment
there is definitely a permanent structure that is based on punishment
We follow the severity of punishment and terms of structure a priori
everything else is in a non-tangible sense and not really, related to and shouldn’t override our perspective
And even in terms of all the exception stated previously