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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
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 4 hours ago
Jasper
19.6k43873
19.6k43873
asked 4 hours ago
frbsfokfrbsfok
549112
549112
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
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
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
2 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
2 hours ago
add a comment |
1 Answer
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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
3 hours ago
add a comment |
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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
3 hours 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
3 hours 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 4 hours ago
answered 4 hours ago
JasperJasper
19.6k43873
19.6k43873
And in France please?
– JarsOfJam-Scheduler
3 hours ago
add a comment |
And in France please?
– JarsOfJam-Scheduler
3 hours ago
And in France please?
– JarsOfJam-Scheduler
3 hours ago
And in France please?
– JarsOfJam-Scheduler
3 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
2 hours ago