What do you call something that goes against the spirit of the law, but is legal when interpreting the law to the letter?what 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?


what 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?






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








19















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





    @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
    Apr 9 at 1:01











  • @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
    Apr 9 at 1:19

















19















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





    @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
    Apr 9 at 1:01











  • @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
    Apr 9 at 1:19













19












19








19


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






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited Apr 8 at 12:17









ColleenV

10.5k53262




10.5k53262










asked Apr 7 at 16:36









frbsfokfrbsfok

1,122525




1,122525







  • 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
    Apr 9 at 1:01











  • @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
    Apr 9 at 1:19












  • 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
    Apr 9 at 1:01











  • @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
    Apr 9 at 1:19







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
Apr 9 at 1:01





@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
Apr 9 at 1:01













@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
Apr 9 at 1:19





@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
Apr 9 at 1:19










4 Answers
4






active

oldest

votes


















41














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




















  • 1





    And in France please?

    – JarsOfJam-Scheduler
    Apr 7 at 17:50






  • 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
    Apr 7 at 23:24






  • 2





    I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

    – technical_difficulty
    Apr 8 at 1:22






  • 9





    @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

    – David K
    Apr 8 at 16:25


















21














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
    Apr 7 at 23:57






  • 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
    Apr 8 at 3:22











  • @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
    Apr 8 at 3:37






  • 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
    Apr 8 at 4:11











  • @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
    Apr 8 at 4:15


















10














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.






share|improve this answer
































    2














    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.






    share|improve this answer























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      4 Answers
      4






      active

      oldest

      votes








      4 Answers
      4






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes









      41














      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




















      • 1





        And in France please?

        – JarsOfJam-Scheduler
        Apr 7 at 17:50






      • 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
        Apr 7 at 23:24






      • 2





        I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

        – technical_difficulty
        Apr 8 at 1:22






      • 9





        @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

        – David K
        Apr 8 at 16:25















      41














      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




















      • 1





        And in France please?

        – JarsOfJam-Scheduler
        Apr 7 at 17:50






      • 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
        Apr 7 at 23:24






      • 2





        I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

        – technical_difficulty
        Apr 8 at 1:22






      • 9





        @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

        – David K
        Apr 8 at 16:25













      41












      41








      41







      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 Apr 7 at 17:01

























      answered Apr 7 at 16:54









      JasperJasper

      20.2k44174




      20.2k44174







      • 1





        And in France please?

        – JarsOfJam-Scheduler
        Apr 7 at 17:50






      • 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
        Apr 7 at 23:24






      • 2





        I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

        – technical_difficulty
        Apr 8 at 1:22






      • 9





        @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

        – David K
        Apr 8 at 16:25












      • 1





        And in France please?

        – JarsOfJam-Scheduler
        Apr 7 at 17:50






      • 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
        Apr 7 at 23:24






      • 2





        I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

        – technical_difficulty
        Apr 8 at 1:22






      • 9





        @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

        – David K
        Apr 8 at 16:25







      1




      1





      And in France please?

      – JarsOfJam-Scheduler
      Apr 7 at 17:50





      And in France please?

      – JarsOfJam-Scheduler
      Apr 7 at 17:50




      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
      Apr 7 at 23:24





      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
      Apr 7 at 23:24




      2




      2





      I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

      – technical_difficulty
      Apr 8 at 1:22





      I think there is no chosing involved, the interpretation that disadvantages the writer is used afaik.

      – technical_difficulty
      Apr 8 at 1:22




      9




      9





      @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

      – David K
      Apr 8 at 16:25





      @JarsOfJam-Scheduler In France the term would probably be in French, so not really applicable here at English Language Learners.

      – David K
      Apr 8 at 16:25













      21














      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
        Apr 7 at 23:57






      • 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
        Apr 8 at 3:22











      • @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
        Apr 8 at 3:37






      • 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
        Apr 8 at 4:11











      • @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
        Apr 8 at 4:15















      21














      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
        Apr 7 at 23:57






      • 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
        Apr 8 at 3:22











      • @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
        Apr 8 at 3:37






      • 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
        Apr 8 at 4:11











      • @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
        Apr 8 at 4:15













      21












      21








      21







      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 Apr 7 at 22:21









      Ben VoigtBen Voigt

      40328




      40328












      • youtube.com/watch?v=hou0lU8WMgo

        – Infiltrator
        Apr 7 at 23:57






      • 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
        Apr 8 at 3:22











      • @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
        Apr 8 at 3:37






      • 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
        Apr 8 at 4:11











      • @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
        Apr 8 at 4:15

















      • youtube.com/watch?v=hou0lU8WMgo

        – Infiltrator
        Apr 7 at 23:57






      • 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
        Apr 8 at 3:22











      • @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
        Apr 8 at 3:37






      • 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
        Apr 8 at 4:11











      • @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
        Apr 8 at 4:15
















      youtube.com/watch?v=hou0lU8WMgo

      – Infiltrator
      Apr 7 at 23:57





      youtube.com/watch?v=hou0lU8WMgo

      – Infiltrator
      Apr 7 at 23:57




      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
      Apr 8 at 3:22





      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
      Apr 8 at 3:22













      @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
      Apr 8 at 3:37





      @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
      Apr 8 at 3:37




      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
      Apr 8 at 4:11





      @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
      Apr 8 at 4:11













      @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
      Apr 8 at 4:15





      @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
      Apr 8 at 4:15











      10














      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.






      share|improve this answer





























        10














        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.






        share|improve this answer



























          10












          10








          10







          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.






          share|improve this answer















          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.







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited Apr 8 at 21:57

























          answered Apr 8 at 17:54









          Greg BaconGreg Bacon

          54028




          54028





















              2














              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.






              share|improve this answer



























                2














                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.






                share|improve this answer

























                  2












                  2








                  2







                  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.






                  share|improve this answer













                  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.







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered Apr 9 at 5:58









                  mckenzmmckenzm

                  20314




                  20314



























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