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A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. It would be thus connected with a well-known in civil law legal systems intra legem gap, interpretational gap or indeterminacy gap.
Originally, the word means an arrowslit, a narrow vertical window in a wall through which an archer could shoot.
Loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law. A lacuna, on the other hand, is a situation whereby no law exists in the first place to address that particular issue.
Use and remediation
- See Maciej Koszowski, The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7): 25.
- From Catching Up to Forging Ahead : China’s Policies for Semiconductors (PDF). Retrieved 14 May 2017.
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