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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?
“Misuse” vs. “Abuse”Meaning of 'by' in 'promise by which'How to analyse/parse an incomplete 'if, [independent clause]'?Does 'in the promisee’s position' harm the promisee or promisor?Please explain 'confer an equitable right on B to compel fulfilment of the promise'?Grammaticality - 'order their affairs safe'My shoes 'make a funny sound' when I walkWhat 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 legalese
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 legalese
1
I'm not aware of any such word, not least because there are many different ways that the situation you describe could arise. So "loophole", as @Jasper suggests, may work in some situations, but not others. But in a very real and practical way, I suspect that if you asked a lawyer about this situation, they would say that the word for something that goes against the spirit of the law, while still being legal, is "legal"! In other words, they would advise that we don't get distracted by such notions as "spirit" vs "letter". The WHOLE POINT of the law is to turn spirit into letter.
– tkp
7 hours ago
1
@tkp -- Your comment would make a good answer.
– Jasper
2 hours ago
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 legalese
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 legalese
word-request legalese
edited 9 hours ago
Jasper
19.7k43974
19.7k43974
asked 9 hours ago
frbsfokfrbsfok
561112
561112
1
I'm not aware of any such word, not least because there are many different ways that the situation you describe could arise. So "loophole", as @Jasper suggests, may work in some situations, but not others. But in a very real and practical way, I suspect that if you asked a lawyer about this situation, they would say that the word for something that goes against the spirit of the law, while still being legal, is "legal"! In other words, they would advise that we don't get distracted by such notions as "spirit" vs "letter". The WHOLE POINT of the law is to turn spirit into letter.
– tkp
7 hours ago
1
@tkp -- Your comment would make a good answer.
– Jasper
2 hours ago
add a comment |
1
I'm not aware of any such word, not least because there are many different ways that the situation you describe could arise. So "loophole", as @Jasper suggests, may work in some situations, but not others. But in a very real and practical way, I suspect that if you asked a lawyer about this situation, they would say that the word for something that goes against the spirit of the law, while still being legal, is "legal"! In other words, they would advise that we don't get distracted by such notions as "spirit" vs "letter". The WHOLE POINT of the law is to turn spirit into letter.
– tkp
7 hours ago
1
@tkp -- Your comment would make a good answer.
– Jasper
2 hours ago
1
1
I'm not aware of any such word, not least because there are many different ways that the situation you describe could arise. So "loophole", as @Jasper suggests, may work in some situations, but not others. But in a very real and practical way, I suspect that if you asked a lawyer about this situation, they would say that the word for something that goes against the spirit of the law, while still being legal, is "legal"! In other words, they would advise that we don't get distracted by such notions as "spirit" vs "letter". The WHOLE POINT of the law is to turn spirit into letter.
– tkp
7 hours ago
I'm not aware of any such word, not least because there are many different ways that the situation you describe could arise. So "loophole", as @Jasper suggests, may work in some situations, but not others. But in a very real and practical way, I suspect that if you asked a lawyer about this situation, they would say that the word for something that goes against the spirit of the law, while still being legal, is "legal"! In other words, they would advise that we don't get distracted by such notions as "spirit" vs "letter". The WHOLE POINT of the law is to turn spirit into letter.
– tkp
7 hours ago
1
1
@tkp -- Your comment would make a good answer.
– Jasper
2 hours ago
@tkp -- Your comment would make a good answer.
– Jasper
2 hours ago
add a comment |
2 Answers
2
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.
And in France please?
– JarsOfJam-Scheduler
8 hours 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 hours ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
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 hours ago
add a comment |
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2 Answers
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2 Answers
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active
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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.
And in France please?
– JarsOfJam-Scheduler
8 hours 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 hours ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
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.
And in France please?
– JarsOfJam-Scheduler
8 hours 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 hours ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
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 9 hours ago
answered 9 hours ago
JasperJasper
19.7k43974
19.7k43974
And in France please?
– JarsOfJam-Scheduler
8 hours 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 hours ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
add a comment |
And in France please?
– JarsOfJam-Scheduler
8 hours 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 hours ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
And in France please?
– JarsOfJam-Scheduler
8 hours ago
And in France please?
– JarsOfJam-Scheduler
8 hours 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 hours 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 hours ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.
– technical_difficulty
40 mins ago
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 hours ago
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 hours ago
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".
Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".
answered 3 hours ago
Ben VoigtBen Voigt
23317
23317
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 hours ago
add a comment |
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 hours ago
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 hours ago
youtube.com/watch?v=hou0lU8WMgo
– Infiltrator
2 hours ago
add a comment |
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1
I'm not aware of any such word, not least because there are many different ways that the situation you describe could arise. So "loophole", as @Jasper suggests, may work in some situations, but not others. But in a very real and practical way, I suspect that if you asked a lawyer about this situation, they would say that the word for something that goes against the spirit of the law, while still being legal, is "legal"! In other words, they would advise that we don't get distracted by such notions as "spirit" vs "letter". The WHOLE POINT of the law is to turn spirit into letter.
– tkp
7 hours ago
1
@tkp -- Your comment would make a good answer.
– Jasper
2 hours ago