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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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3















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?










share|improve this question



















  • 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

















3















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?










share|improve this question



















  • 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













3












3








3








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?










share|improve this question
















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






share|improve this question















share|improve this question













share|improve this question




share|improve this question








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












  • 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










2 Answers
2






active

oldest

votes


















10














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.






share|improve this answer

























  • 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


















4














Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".






share|improve this answer























  • youtube.com/watch?v=hou0lU8WMgo

    – Infiltrator
    2 hours ago











Your Answer








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2 Answers
2






active

oldest

votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes









10














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.






share|improve this answer

























  • 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















10














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.






share|improve this answer

























  • 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













10












10








10







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.






share|improve this answer















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.







share|improve this answer














share|improve this answer



share|improve this answer








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

















  • 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













4














Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".






share|improve this answer























  • youtube.com/watch?v=hou0lU8WMgo

    – Infiltrator
    2 hours ago















4














Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".






share|improve this answer























  • youtube.com/watch?v=hou0lU8WMgo

    – Infiltrator
    2 hours ago













4












4








4







Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".






share|improve this answer













Jasper's suggestion of "loophole" is excellent, but you may also hear this situation arising from unintended wording referred to as "a technicality".







share|improve this answer












share|improve this answer



share|improve this answer










answered 3 hours ago









Ben VoigtBen Voigt

23317




23317












  • 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





youtube.com/watch?v=hou0lU8WMgo

– Infiltrator
2 hours ago

















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