Loophole

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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.[1]

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.[citation needed] 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[edit]

Loopholes are searched for and used strategically in a variety of circumstances, including elections, politics, taxes, the criminal justice system, or in breaches of security.[2]

See also[edit]

References[edit]

  1. ^ 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.
  2. ^ From Catching Up to Forging Ahead : China’s Policies for Semiconductors (PDF). Retrieved 14 May 2017.