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, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

security Security is protection from, or resilience against, potential harm (or other unwanted coercion). Beneficiaries (technically referents) of security may be persons and social groups, objects and institutions, ecosystems, or any other entity or ...

, 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 Crossbow bolt, bolts ...

, 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 sallyport 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 and ...

, 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. Legal 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.

References

Circumvention Abuse of the legal system Legal terminology {{Law-stub

Use and remediation

See also

References