A loophole is an ambiguity or inadequacy in a system, such as a
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
or
security" \n\n\nsecurity.txt is a proposed standard for websites' security information that is meant to allow security researchers to easily report security vulnerabilities. The standard prescribes a text file called \"security.txt\" in the well known locat ...
, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system.
Originally, the word meant an
arrowslit
An arrowslit (often also referred to as an arrow loop, loophole or loop hole, and sometimes a balistraria) is a narrow vertical aperture in a fortification through which an archer can launch arrows or a crossbowman can launch bolts.
The interio ...
, a narrow vertical window in a wall through which an archer (or, later, gunman) could shoot.
Loopholes were commonly used in U.S. forts built during the 1800s. Located in the
sally port
A sally port is a secure, controlled entry way to an enclosure, e.g., a fortification or prison. The entrance is usually protected by some means, such as a fixed wall on the outside, parallel to the door, which must be circumvented to enter an ...
, a loophole was considered a last ditch defense, where guards could close off the inner and outer doors trapping enemy soldiers and using small arms fire through the slits.
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, such as a situation where the details are under-specified. A lacuna, on the other hand, is a situation in which no law exists in the first place to address that particular issue.
Use and remediation
Loopholes are searched for and used strategically in a variety of circumstances, including elections, politics, taxes, the
criminal justice system
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
, or in breaches of security.
See also
References
{{Authority control
Circumvention
Abuse of the legal system
Legal terminology