Three Sources that touch upon this subject:
1. The Netziv on the verse in Devarim 24:16. "Fathers shall not be put to death because of sons, nor shall sons be put to death because of fathers; each man shall be put to death for his own transgression."
The Netziv points out that Hazal explained this verse in the context of giving testimony (See the Targum and Rashi), while the verse is explicitly explained by King Amazya in Sefer Melachim/Divrei HaYamim in the context of prohibiting a king to kill an enemy's family. The Netziv develops the idea that The Written Torah and The Oral Torah can differ in explaining Mitzvot and there is nothing wrong with this.
2. Rabbi Yehuda Rock wrote an essay that discussed the relationship between the Written and Oral Law. I highly recommend reading it. "You Shall Cut Off Her Hand" and "An Eye for an Eye" | vbm haretzion [
etzion.org.il]
3. In the sefer in honor of Amos Hacham, "Tshura LAmos" (Tvunot press), there is an article of Rav Sabato (I believe) that discuses if we can pasken halacha straight from the Pesukim. Seems like another good source to look at (I can't comment on it yet. It is still on my reading list).
Happy learning! Avraham
