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?

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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;








13















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






























    13















    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


























      13












      13








      13


      2






      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 10 hours ago









      ColleenV

      10.5k53261




      10.5k53261










      asked yesterday









      frbsfokfrbsfok

      617215




      617215




















          3 Answers
          3






          active

          oldest

          votes


















          30














          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
            yesterday






          • 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
            22 hours ago






          • 2





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

            – technical_difficulty
            20 hours ago






          • 3





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

            – David K
            5 hours ago


















          17














          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
            22 hours ago






          • 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
            18 hours ago











          • @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
            18 hours ago






          • 3





            @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
            18 hours ago











          • @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
            18 hours ago


















          4














          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

























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            3 Answers
            3






            active

            oldest

            votes








            3 Answers
            3






            active

            oldest

            votes









            active

            oldest

            votes






            active

            oldest

            votes









            30














            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
              yesterday






            • 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
              22 hours ago






            • 2





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

              – technical_difficulty
              20 hours ago






            • 3





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

              – David K
              5 hours ago















            30














            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
              yesterday






            • 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
              22 hours ago






            • 2





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

              – technical_difficulty
              20 hours ago






            • 3





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

              – David K
              5 hours ago













            30












            30








            30







            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 yesterday

























            answered yesterday









            JasperJasper

            19.9k44074




            19.9k44074







            • 1





              And in France please?

              – JarsOfJam-Scheduler
              yesterday






            • 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
              22 hours ago






            • 2





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

              – technical_difficulty
              20 hours ago






            • 3





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

              – David K
              5 hours ago












            • 1





              And in France please?

              – JarsOfJam-Scheduler
              yesterday






            • 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
              22 hours ago






            • 2





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

              – technical_difficulty
              20 hours ago






            • 3





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

              – David K
              5 hours ago







            1




            1





            And in France please?

            – JarsOfJam-Scheduler
            yesterday





            And in France please?

            – JarsOfJam-Scheduler
            yesterday




            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
            22 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
            22 hours ago




            2




            2





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

            – technical_difficulty
            20 hours ago





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

            – technical_difficulty
            20 hours ago




            3




            3





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

            – David K
            5 hours ago





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

            – David K
            5 hours ago













            17














            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
              22 hours ago






            • 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
              18 hours ago











            • @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
              18 hours ago






            • 3





              @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
              18 hours ago











            • @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
              18 hours ago















            17














            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
              22 hours ago






            • 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
              18 hours ago











            • @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
              18 hours ago






            • 3





              @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
              18 hours ago











            • @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
              18 hours ago













            17












            17








            17







            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 23 hours ago









            Ben VoigtBen Voigt

            36318




            36318












            • youtube.com/watch?v=hou0lU8WMgo

              – Infiltrator
              22 hours ago






            • 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
              18 hours ago











            • @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
              18 hours ago






            • 3





              @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
              18 hours ago











            • @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
              18 hours ago

















            • youtube.com/watch?v=hou0lU8WMgo

              – Infiltrator
              22 hours ago






            • 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
              18 hours ago











            • @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
              18 hours ago






            • 3





              @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
              18 hours ago











            • @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
              18 hours ago
















            youtube.com/watch?v=hou0lU8WMgo

            – Infiltrator
            22 hours ago





            youtube.com/watch?v=hou0lU8WMgo

            – Infiltrator
            22 hours ago




            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
            18 hours ago





            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
            18 hours ago













            @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
            18 hours ago





            @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
            18 hours ago




            3




            3





            @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
            18 hours ago





            @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
            18 hours ago













            @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
            18 hours ago





            @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
            18 hours ago











            4














            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





























              4














              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



























                4












                4








                4







                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 24 mins ago

























                answered 4 hours ago









                Greg BaconGreg Bacon

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                43027



























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