What do you call something that goes against the spirit of the law, but is legal when interpreting the law to the letter? The 2019 Stack Overflow Developer Survey Results Are Inwhat do you call it when you suddenly remember something?A word meaning “themselves and each other”A notebook in which people write or sign as a mementoMy shoes 'make a funny sound' when I walkAn idea we form in our mind about a placeWhat do we call a person who makes up facts in order to look smartA verb which used to describe process of problem solving or making something good to differentiate a person involved from others?What is the proper word in the mentioned sentence?What do you call someone who is focused too much on the technicalities of a law rather than the big picture?Doing something right before you need it - expression for this?
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What do you call something that goes against the spirit of the law, but is legal when interpreting the law to the letter?
The 2019 Stack Overflow Developer Survey Results Are Inwhat do you call it when you suddenly remember something?A word meaning “themselves and each other”A notebook in which people write or sign as a mementoMy shoes 'make a funny sound' when I walkAn idea we form in our mind about a placeWhat do we call a person who makes up facts in order to look smartA verb which used to describe process of problem solving or making something good to differentiate a person involved from others?What is the proper word in the mentioned sentence?What do you call someone who is focused too much on the technicalities of a law rather than the big picture?Doing something right before you need it - expression for this?
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Sometimes, the wording of a law or contract is vague and imprecise, and it allows people to abuse it, but doing so goes against the spirit of the law or the contract when it was written, or in other words the intention the people who wrote the law or contract. Is there a word for this?
word-request
add a comment |
Sometimes, the wording of a law or contract is vague and imprecise, and it allows people to abuse it, but doing so goes against the spirit of the law or the contract when it was written, or in other words the intention the people who wrote the law or contract. Is there a word for this?
word-request
1
@ColleenV -- This question is asking for a word for following the letter instead of the spirit "of a law or contract". The proposed answers are commonly used by lawyers discussing the law. Why would [legalese] not be an appropriate tag?
– Jasper
yesterday
@Jasper because the question isn’t asking for legalese and it isn’t about legalese (the specialized language of the legal profession). “Loophole” isn’t legalese. “an inferred private right of action” is an example of legalese.
– ColleenV♦
yesterday
add a comment |
Sometimes, the wording of a law or contract is vague and imprecise, and it allows people to abuse it, but doing so goes against the spirit of the law or the contract when it was written, or in other words the intention the people who wrote the law or contract. Is there a word for this?
word-request
Sometimes, the wording of a law or contract is vague and imprecise, and it allows people to abuse it, but doing so goes against the spirit of the law or the contract when it was written, or in other words the intention the people who wrote the law or contract. Is there a word for this?
word-request
word-request
edited yesterday
ColleenV♦
10.5k53261
10.5k53261
asked 2 days ago
frbsfokfrbsfok
644215
644215
1
@ColleenV -- This question is asking for a word for following the letter instead of the spirit "of a law or contract". The proposed answers are commonly used by lawyers discussing the law. Why would [legalese] not be an appropriate tag?
– Jasper
yesterday
@Jasper because the question isn’t asking for legalese and it isn’t about legalese (the specialized language of the legal profession). “Loophole” isn’t legalese. “an inferred private right of action” is an example of legalese.
– ColleenV♦
yesterday
add a comment |
1
@ColleenV -- This question is asking for a word for following the letter instead of the spirit "of a law or contract". The proposed answers are commonly used by lawyers discussing the law. Why would [legalese] not be an appropriate tag?
– Jasper
yesterday
@Jasper because the question isn’t asking for legalese and it isn’t about legalese (the specialized language of the legal profession). “Loophole” isn’t legalese. “an inferred private right of action” is an example of legalese.
– ColleenV♦
yesterday
1
1
@ColleenV -- This question is asking for a word for following the letter instead of the spirit "of a law or contract". The proposed answers are commonly used by lawyers discussing the law. Why would [legalese] not be an appropriate tag?
– Jasper
yesterday
@ColleenV -- This question is asking for a word for following the letter instead of the spirit "of a law or contract". The proposed answers are commonly used by lawyers discussing the law. Why would [legalese] not be an appropriate tag?
– Jasper
yesterday
@Jasper because the question isn’t asking for legalese and it isn’t about legalese (the specialized language of the legal profession). “Loophole” isn’t legalese. “an inferred private right of action” is an example of legalese.
– ColleenV♦
yesterday
@Jasper because the question isn’t asking for legalese and it isn’t about legalese (the specialized language of the legal profession). “Loophole” isn’t legalese. “an inferred private right of action” is an example of legalese.
– ColleenV♦
yesterday
add a comment |
4 Answers
4
active
oldest
votes
This is known as a loophole.
There is a principle in American jurisprudence that if a law is too vague, it is not valid. Similarly, if a contract allows more than one reasonable interpretation, the party who wrote the contract does not get to decide which interpretation(s) will be used. Instead, the other party gets to choose.
1
And in France please?
– JarsOfJam-Scheduler
2 days ago
2
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
2
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
9
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
add a comment |
Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
5
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
5
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
|
show 2 more comments
Consider the etymology of loophole:
also loop-hole, mid-15c., from hole (n.). + Middle English loupe "narrow window, slit-opening in a wall" for protection of archers while shooting, or for light and ventilation (c. 1300), which, along with Medieval Latin loupa, lobia probably is a specialized word from a continental Germanic source, such as Middle Dutch lupen "to watch, peer." Figurative sense of "outlet, means of escape" is from 1660s.
Loopholes are placed intentionally for avoiding certain provisions, usually for benefit of special interest groups or other political donors. Those who take advantage of loopholes are using the law as it was intended, at least on some level. The term can also be problematic because people sometimes (especially in political contexts) disparage aspects of even precise laws that they simply dislike as loopholes, e.g., the “gun show loophole” or the “mortgage interest loophole,” and the discussion degrades into an argument over whether it is truly a loophole or part of the intent.
The scenario from your question involves twisting or perverting the law into saying something that it does not say. Read on for more more accurate descriptions.
Applied to rhetoric in general and not just legal argument is sophistry:
The use of clever but false arguments, especially with the intention of deceiving.
‘trying to argue that I had benefited in any way from the disaster was pure sophistry’
Another possibility is legalism:
Excessive adherence to law or formula.
Realize that the term can have religious connotations, as described in the second sense of the linked definition.
For a more cynical and even inflammatory characterization, Lavrentiy Beria was head of Stalin’s secret police and is said to have boasted, “Show me the man, and I’ll show you the crime.” In other words, he believed he could manipulate the law to find any person guilty. Crisis Magazine ran a piece called Beware the Beria Method (emphasis added). Note that this is not in common usage.
In Federalist No. 41, James Madison rejected the claim that the then-proposed U.S. constitution conferred to the new federal government any power that might be alleged to benefit the general welfare with (emphasis added)
No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
Finally, someone seeking to abuse law or contract terms is said to use a strained interpretation, an overly literal interpretation, or a tortured interpretation. A less formal and broader way to state it is the person is out in left field or, to avoid the personal attack, that the interpretation came out of left field.
add a comment |
A literal interpretation. This is not always a loophole.
There is a lot of poorly crafted legislation about.
Suppose we define a motor vehicle as any vehicle not powered by a human or an animal.
Then any unpowered vehicle is a motor vehicle.
Powered is not the same as "propelled by".
Weight is not the same as mass.
An AAV is not remotely piloted, nor a drone, and need not be unmanned.
A person going naked may be arrested for being improperly clothed.
To be convicted, the prosecution must produce the alleged clothing.
This is not the same as "Ultra Vires" where no (delegated) power exists to enact a law as written.
There are rules of statutory interpretation, generally a court will follow the letter of the law. A tribunal may consider the "intent" of the lawmaker.
Remember, a court of law is not the street. It was not Bill Clinton that maintained a certain act was not "sex", it was the law of the land in failing to enumerate the act.
Right now, in the US, I can walk into a shop and buy a ghost gun by using my own hand to switch on a milling machine for part of that gun that I fit myself, and I have satisfied the law requiring that weapon to be unfinished to a degree.
Where I live it is illegal to buy sausages after midday on Saturday. But wrap them in pairs in cling wrap and they are "Barbecue Packs".
IANAL - talk to one if you need to.
add a comment |
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4 Answers
4
active
oldest
votes
4 Answers
4
active
oldest
votes
active
oldest
votes
active
oldest
votes
This is known as a loophole.
There is a principle in American jurisprudence that if a law is too vague, it is not valid. Similarly, if a contract allows more than one reasonable interpretation, the party who wrote the contract does not get to decide which interpretation(s) will be used. Instead, the other party gets to choose.
1
And in France please?
– JarsOfJam-Scheduler
2 days ago
2
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
2
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
9
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
add a comment |
This is known as a loophole.
There is a principle in American jurisprudence that if a law is too vague, it is not valid. Similarly, if a contract allows more than one reasonable interpretation, the party who wrote the contract does not get to decide which interpretation(s) will be used. Instead, the other party gets to choose.
1
And in France please?
– JarsOfJam-Scheduler
2 days ago
2
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
2
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
9
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
add a comment |
This is known as a loophole.
There is a principle in American jurisprudence that if a law is too vague, it is not valid. Similarly, if a contract allows more than one reasonable interpretation, the party who wrote the contract does not get to decide which interpretation(s) will be used. Instead, the other party gets to choose.
This is known as a loophole.
There is a principle in American jurisprudence that if a law is too vague, it is not valid. Similarly, if a contract allows more than one reasonable interpretation, the party who wrote the contract does not get to decide which interpretation(s) will be used. Instead, the other party gets to choose.
edited 2 days ago
answered 2 days ago
JasperJasper
20k44174
20k44174
1
And in France please?
– JarsOfJam-Scheduler
2 days ago
2
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
2
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
9
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
add a comment |
1
And in France please?
– JarsOfJam-Scheduler
2 days ago
2
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
2
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
9
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
1
1
And in France please?
– JarsOfJam-Scheduler
2 days ago
And in France please?
– JarsOfJam-Scheduler
2 days ago
2
2
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
Tony Coehlo wrote the Americans With Disabilities Act. He was an epileptic, and he wrote the act to protect epileptics. A few years after the law was passed, a court ruled that epileptics whose condition was controlled by drugs were not protected by the law. He was quoted as saying that he "was written out of [his] own bill." Can anyone find a citation for this quote?
– Jasper
2 days ago
2
2
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
2 days ago
9
9
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
@JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.
– David K
yesterday
add a comment |
Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
5
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
5
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
|
show 2 more comments
Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
5
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
5
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
|
show 2 more comments
Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".
Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".
answered 2 days ago
Ben VoigtBen Voigt
40328
40328
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
5
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
5
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
|
show 2 more comments
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
5
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
5
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 days ago
5
5
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
To me "technicality" implies something quite different: it implies that the reason is procedural rather than material. For example, if you commit a crime (violating both the letter and the spirit of the law), but the evidence that the police find is in an area that they didn't actually get a search warrant for, then the evidence might get thrown out, and so you might get "off on a technicality".
– ruakh
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
@ruakh: I think there's considerable overlap -- yours is a good example of where two goals of the law come into conflict. There are also examples of technicalities which are loopholes. For example, a requirement to do something in two successive months, intending that a subscription or account should be maintained for an entire intervening month, but technically it may be possible to do the action on March 31st and April 1st.
– Ben Voigt
2 days ago
5
5
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@BenVoigt : I think your use of "technically" in your comment is a better fit than "technicality" in your answer. An action may be technically legal or technically compliant with the terms of a contract, because, of course, technically correct is the best kind of correct. I don't know of a usage of technicality for these positive constructions -- typically a technicality is a reason for a negative construction: "not found in breach due to a technicality", "not found guilty due to a technicality".
– Eric Towers
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
@EricTowers: The example in my comment meets the criteria of "following the letter but not the spirit (of the law or contract)", don't you think? As far as "technically correct is the best kind of correct", here's an interesting case where the bank did not think so, and voided promotions on the basis of "their intent": doctorofcredit.com/capital-one-500-money-market-account-bonus
– Ben Voigt
2 days ago
|
show 2 more comments
Consider the etymology of loophole:
also loop-hole, mid-15c., from hole (n.). + Middle English loupe "narrow window, slit-opening in a wall" for protection of archers while shooting, or for light and ventilation (c. 1300), which, along with Medieval Latin loupa, lobia probably is a specialized word from a continental Germanic source, such as Middle Dutch lupen "to watch, peer." Figurative sense of "outlet, means of escape" is from 1660s.
Loopholes are placed intentionally for avoiding certain provisions, usually for benefit of special interest groups or other political donors. Those who take advantage of loopholes are using the law as it was intended, at least on some level. The term can also be problematic because people sometimes (especially in political contexts) disparage aspects of even precise laws that they simply dislike as loopholes, e.g., the “gun show loophole” or the “mortgage interest loophole,” and the discussion degrades into an argument over whether it is truly a loophole or part of the intent.
The scenario from your question involves twisting or perverting the law into saying something that it does not say. Read on for more more accurate descriptions.
Applied to rhetoric in general and not just legal argument is sophistry:
The use of clever but false arguments, especially with the intention of deceiving.
‘trying to argue that I had benefited in any way from the disaster was pure sophistry’
Another possibility is legalism:
Excessive adherence to law or formula.
Realize that the term can have religious connotations, as described in the second sense of the linked definition.
For a more cynical and even inflammatory characterization, Lavrentiy Beria was head of Stalin’s secret police and is said to have boasted, “Show me the man, and I’ll show you the crime.” In other words, he believed he could manipulate the law to find any person guilty. Crisis Magazine ran a piece called Beware the Beria Method (emphasis added). Note that this is not in common usage.
In Federalist No. 41, James Madison rejected the claim that the then-proposed U.S. constitution conferred to the new federal government any power that might be alleged to benefit the general welfare with (emphasis added)
No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
Finally, someone seeking to abuse law or contract terms is said to use a strained interpretation, an overly literal interpretation, or a tortured interpretation. A less formal and broader way to state it is the person is out in left field or, to avoid the personal attack, that the interpretation came out of left field.
add a comment |
Consider the etymology of loophole:
also loop-hole, mid-15c., from hole (n.). + Middle English loupe "narrow window, slit-opening in a wall" for protection of archers while shooting, or for light and ventilation (c. 1300), which, along with Medieval Latin loupa, lobia probably is a specialized word from a continental Germanic source, such as Middle Dutch lupen "to watch, peer." Figurative sense of "outlet, means of escape" is from 1660s.
Loopholes are placed intentionally for avoiding certain provisions, usually for benefit of special interest groups or other political donors. Those who take advantage of loopholes are using the law as it was intended, at least on some level. The term can also be problematic because people sometimes (especially in political contexts) disparage aspects of even precise laws that they simply dislike as loopholes, e.g., the “gun show loophole” or the “mortgage interest loophole,” and the discussion degrades into an argument over whether it is truly a loophole or part of the intent.
The scenario from your question involves twisting or perverting the law into saying something that it does not say. Read on for more more accurate descriptions.
Applied to rhetoric in general and not just legal argument is sophistry:
The use of clever but false arguments, especially with the intention of deceiving.
‘trying to argue that I had benefited in any way from the disaster was pure sophistry’
Another possibility is legalism:
Excessive adherence to law or formula.
Realize that the term can have religious connotations, as described in the second sense of the linked definition.
For a more cynical and even inflammatory characterization, Lavrentiy Beria was head of Stalin’s secret police and is said to have boasted, “Show me the man, and I’ll show you the crime.” In other words, he believed he could manipulate the law to find any person guilty. Crisis Magazine ran a piece called Beware the Beria Method (emphasis added). Note that this is not in common usage.
In Federalist No. 41, James Madison rejected the claim that the then-proposed U.S. constitution conferred to the new federal government any power that might be alleged to benefit the general welfare with (emphasis added)
No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
Finally, someone seeking to abuse law or contract terms is said to use a strained interpretation, an overly literal interpretation, or a tortured interpretation. A less formal and broader way to state it is the person is out in left field or, to avoid the personal attack, that the interpretation came out of left field.
add a comment |
Consider the etymology of loophole:
also loop-hole, mid-15c., from hole (n.). + Middle English loupe "narrow window, slit-opening in a wall" for protection of archers while shooting, or for light and ventilation (c. 1300), which, along with Medieval Latin loupa, lobia probably is a specialized word from a continental Germanic source, such as Middle Dutch lupen "to watch, peer." Figurative sense of "outlet, means of escape" is from 1660s.
Loopholes are placed intentionally for avoiding certain provisions, usually for benefit of special interest groups or other political donors. Those who take advantage of loopholes are using the law as it was intended, at least on some level. The term can also be problematic because people sometimes (especially in political contexts) disparage aspects of even precise laws that they simply dislike as loopholes, e.g., the “gun show loophole” or the “mortgage interest loophole,” and the discussion degrades into an argument over whether it is truly a loophole or part of the intent.
The scenario from your question involves twisting or perverting the law into saying something that it does not say. Read on for more more accurate descriptions.
Applied to rhetoric in general and not just legal argument is sophistry:
The use of clever but false arguments, especially with the intention of deceiving.
‘trying to argue that I had benefited in any way from the disaster was pure sophistry’
Another possibility is legalism:
Excessive adherence to law or formula.
Realize that the term can have religious connotations, as described in the second sense of the linked definition.
For a more cynical and even inflammatory characterization, Lavrentiy Beria was head of Stalin’s secret police and is said to have boasted, “Show me the man, and I’ll show you the crime.” In other words, he believed he could manipulate the law to find any person guilty. Crisis Magazine ran a piece called Beware the Beria Method (emphasis added). Note that this is not in common usage.
In Federalist No. 41, James Madison rejected the claim that the then-proposed U.S. constitution conferred to the new federal government any power that might be alleged to benefit the general welfare with (emphasis added)
No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
Finally, someone seeking to abuse law or contract terms is said to use a strained interpretation, an overly literal interpretation, or a tortured interpretation. A less formal and broader way to state it is the person is out in left field or, to avoid the personal attack, that the interpretation came out of left field.
Consider the etymology of loophole:
also loop-hole, mid-15c., from hole (n.). + Middle English loupe "narrow window, slit-opening in a wall" for protection of archers while shooting, or for light and ventilation (c. 1300), which, along with Medieval Latin loupa, lobia probably is a specialized word from a continental Germanic source, such as Middle Dutch lupen "to watch, peer." Figurative sense of "outlet, means of escape" is from 1660s.
Loopholes are placed intentionally for avoiding certain provisions, usually for benefit of special interest groups or other political donors. Those who take advantage of loopholes are using the law as it was intended, at least on some level. The term can also be problematic because people sometimes (especially in political contexts) disparage aspects of even precise laws that they simply dislike as loopholes, e.g., the “gun show loophole” or the “mortgage interest loophole,” and the discussion degrades into an argument over whether it is truly a loophole or part of the intent.
The scenario from your question involves twisting or perverting the law into saying something that it does not say. Read on for more more accurate descriptions.
Applied to rhetoric in general and not just legal argument is sophistry:
The use of clever but false arguments, especially with the intention of deceiving.
‘trying to argue that I had benefited in any way from the disaster was pure sophistry’
Another possibility is legalism:
Excessive adherence to law or formula.
Realize that the term can have religious connotations, as described in the second sense of the linked definition.
For a more cynical and even inflammatory characterization, Lavrentiy Beria was head of Stalin’s secret police and is said to have boasted, “Show me the man, and I’ll show you the crime.” In other words, he believed he could manipulate the law to find any person guilty. Crisis Magazine ran a piece called Beware the Beria Method (emphasis added). Note that this is not in common usage.
In Federalist No. 41, James Madison rejected the claim that the then-proposed U.S. constitution conferred to the new federal government any power that might be alleged to benefit the general welfare with (emphasis added)
No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
Finally, someone seeking to abuse law or contract terms is said to use a strained interpretation, an overly literal interpretation, or a tortured interpretation. A less formal and broader way to state it is the person is out in left field or, to avoid the personal attack, that the interpretation came out of left field.
edited yesterday
answered yesterday
Greg BaconGreg Bacon
48027
48027
add a comment |
add a comment |
A literal interpretation. This is not always a loophole.
There is a lot of poorly crafted legislation about.
Suppose we define a motor vehicle as any vehicle not powered by a human or an animal.
Then any unpowered vehicle is a motor vehicle.
Powered is not the same as "propelled by".
Weight is not the same as mass.
An AAV is not remotely piloted, nor a drone, and need not be unmanned.
A person going naked may be arrested for being improperly clothed.
To be convicted, the prosecution must produce the alleged clothing.
This is not the same as "Ultra Vires" where no (delegated) power exists to enact a law as written.
There are rules of statutory interpretation, generally a court will follow the letter of the law. A tribunal may consider the "intent" of the lawmaker.
Remember, a court of law is not the street. It was not Bill Clinton that maintained a certain act was not "sex", it was the law of the land in failing to enumerate the act.
Right now, in the US, I can walk into a shop and buy a ghost gun by using my own hand to switch on a milling machine for part of that gun that I fit myself, and I have satisfied the law requiring that weapon to be unfinished to a degree.
Where I live it is illegal to buy sausages after midday on Saturday. But wrap them in pairs in cling wrap and they are "Barbecue Packs".
IANAL - talk to one if you need to.
add a comment |
A literal interpretation. This is not always a loophole.
There is a lot of poorly crafted legislation about.
Suppose we define a motor vehicle as any vehicle not powered by a human or an animal.
Then any unpowered vehicle is a motor vehicle.
Powered is not the same as "propelled by".
Weight is not the same as mass.
An AAV is not remotely piloted, nor a drone, and need not be unmanned.
A person going naked may be arrested for being improperly clothed.
To be convicted, the prosecution must produce the alleged clothing.
This is not the same as "Ultra Vires" where no (delegated) power exists to enact a law as written.
There are rules of statutory interpretation, generally a court will follow the letter of the law. A tribunal may consider the "intent" of the lawmaker.
Remember, a court of law is not the street. It was not Bill Clinton that maintained a certain act was not "sex", it was the law of the land in failing to enumerate the act.
Right now, in the US, I can walk into a shop and buy a ghost gun by using my own hand to switch on a milling machine for part of that gun that I fit myself, and I have satisfied the law requiring that weapon to be unfinished to a degree.
Where I live it is illegal to buy sausages after midday on Saturday. But wrap them in pairs in cling wrap and they are "Barbecue Packs".
IANAL - talk to one if you need to.
add a comment |
A literal interpretation. This is not always a loophole.
There is a lot of poorly crafted legislation about.
Suppose we define a motor vehicle as any vehicle not powered by a human or an animal.
Then any unpowered vehicle is a motor vehicle.
Powered is not the same as "propelled by".
Weight is not the same as mass.
An AAV is not remotely piloted, nor a drone, and need not be unmanned.
A person going naked may be arrested for being improperly clothed.
To be convicted, the prosecution must produce the alleged clothing.
This is not the same as "Ultra Vires" where no (delegated) power exists to enact a law as written.
There are rules of statutory interpretation, generally a court will follow the letter of the law. A tribunal may consider the "intent" of the lawmaker.
Remember, a court of law is not the street. It was not Bill Clinton that maintained a certain act was not "sex", it was the law of the land in failing to enumerate the act.
Right now, in the US, I can walk into a shop and buy a ghost gun by using my own hand to switch on a milling machine for part of that gun that I fit myself, and I have satisfied the law requiring that weapon to be unfinished to a degree.
Where I live it is illegal to buy sausages after midday on Saturday. But wrap them in pairs in cling wrap and they are "Barbecue Packs".
IANAL - talk to one if you need to.
A literal interpretation. This is not always a loophole.
There is a lot of poorly crafted legislation about.
Suppose we define a motor vehicle as any vehicle not powered by a human or an animal.
Then any unpowered vehicle is a motor vehicle.
Powered is not the same as "propelled by".
Weight is not the same as mass.
An AAV is not remotely piloted, nor a drone, and need not be unmanned.
A person going naked may be arrested for being improperly clothed.
To be convicted, the prosecution must produce the alleged clothing.
This is not the same as "Ultra Vires" where no (delegated) power exists to enact a law as written.
There are rules of statutory interpretation, generally a court will follow the letter of the law. A tribunal may consider the "intent" of the lawmaker.
Remember, a court of law is not the street. It was not Bill Clinton that maintained a certain act was not "sex", it was the law of the land in failing to enumerate the act.
Right now, in the US, I can walk into a shop and buy a ghost gun by using my own hand to switch on a milling machine for part of that gun that I fit myself, and I have satisfied the law requiring that weapon to be unfinished to a degree.
Where I live it is illegal to buy sausages after midday on Saturday. But wrap them in pairs in cling wrap and they are "Barbecue Packs".
IANAL - talk to one if you need to.
answered yesterday
mckenzmmckenzm
1933
1933
add a comment |
add a comment |
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@ColleenV -- This question is asking for a word for following the letter instead of the spirit "of a law or contract". The proposed answers are commonly used by lawyers discussing the law. Why would [legalese] not be an appropriate tag?
– Jasper
yesterday
@Jasper because the question isn’t asking for legalese and it isn’t about legalese (the specialized language of the legal profession). “Loophole” isn’t legalese. “an inferred private right of action” is an example of legalese.
– ColleenV♦
yesterday