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Loophole
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. Originally, the word meant an arrowslit, 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 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. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gun Show Loophole
In the United States, the absence of a federal requirement for background checks for private sales of firearms is sometimes referred to as the gun show loophole or the private sale exemption. Federal law requires that, for commercial sales of firearms – sales conducted by someone "engaged in the business" of selling guns – the seller conduct a background check of the buyer. For firearm sales or transfers by private individuals, federal law does not require background checks, although some states and localities do require them. The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loophole (firearm)
A loophole is a protected small opening, which allows a firearm to be aimed and discharged, while providing cover and concealment for the rifleman. To prevent detection, the rifle's muzzle should not protrude through the loophole, particularly at night to hide the muzzle flash. Arrowslit The precursor to the loophole for firearms was the arrowslit, which is a narrow aperture in a fortification for an archer to launch arrows or an arbalist to launch crossbow bolts. The earliest use of the arrowslit was alleged to have been by Archimedes during the siege of Syracuse in 214–212 BC. Arrowslits were used in ancient Greek warfare and by the military of ancient Rome. There was a reintroduction of arrowslits during the medieval warfare period at Dover Castle and Framlingham Castle in England and by Richard the Lionheart at Château Gaillard in France. First World War During the First World War, the static movement of trench warfare and a need for protection from snip ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. The interior walls behind an arrow loop are often cut away at an oblique angle so that the archer has a wide field of view and field of fire (weaponry), field of fire. Arrow slits come in a variety of forms. A common one is the cross, accommodating the use of both the longbow and the crossbow. The narrow vertical aperture permits the archer large degrees of freedom to vary the elevation (ballistics), elevation and direction of their bowshot but makes it difficult for attackers to harm the archer since there is only a small target at which to aim. Balistraria, plural ''balistrariae'' (from balister, crossbowman), can often be found in the Curtain wall (fortification), curtain walls of medieval battlements beneath the crenellations. Hist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gödel's Loophole
Gödel's Loophole is a supposed "inner contradiction" in the Constitution of the United States which Austrian-American logician, mathematician, and analytic philosopher Kurt Gödel postulated in 1947. The loophole would permit America's republican structure to be legally turned into a dictatorship. Gödel told his friend Oskar Morgenstern about the existence of the flaw and Morgenstern told Albert Einstein about it at the time, but Morgenstern, in his recollection of the incident in 1971, never mentioned the exact problem as Gödel saw it. This has led to speculation about the precise nature of what has come to be called "Gödel's Loophole." It has been called "one of the great unsolved problems of constitutional law" by American constitutional law scholar John Nowak. History When Gödel was studying to take his American citizenship test in 1947, he came across what he called an "inner contradiction" in the U.S. Constitution. At the time, he was at the Institute for Advanced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter And Spirit Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules or laws. To obey the "letter of the law" is to follow the literal reading of the words of the law, whereas following the "spirit of the law" is to follow the intention of why the law was enacted. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished by exploiting technicalities, loopholes, and ambiguous language. Legal research Violating the perceived intention (spirit) of the law has been found to affect people's judgment of culpability more so than the letter of the law, such that; # a person can violate the letter of the law (but not the spirit) and not incur culpability # a person can violate the spirit of the law and incur culpabili ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaming The System
The letter of the law and the spirit of the law are two possible ways to regard rules or laws. To obey the "letter of the law" is to follow the literal reading of the words of the law, whereas following the "spirit of the law" is to follow the intention of why the law was enacted. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished by exploiting technicalities, loopholes, and ambiguous language. Legal research Violating the perceived intention (spirit) of the law has been found to affect people's judgment of culpability more so than the letter of the law, such that; # a person can violate the letter of the law (but not the spirit) and not incur culpability # a person can violate the spirit of the law and incur culpabil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Liquet
In law, a ''non liquet'' (commonly known as " lacuna in the law") is any situation for which there is no applicable law. ''Non liquet'' translates into English from the Latin as "it is not clear". According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" if the guilt or innocence of the accused was "not clear". Strictly, a finding of ''non liquet'' could result in a decision that the matter will always remain non-justiciable, but a lacuna denotes within that concept a lacking and so that the matter should in future be governed by law. Loopholes are a subset of lacunae. A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas). A loophole where properly defined, by contrast, denotes that a set of laws addressing a certain issue exists but can be ci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evasion (law)
Evasion in law, is a fundamental public policy doctrine, which exists also in the conflict of laws. Definition Although one may legitimately plan affairs to avoid the incidence of obligations or liabilities imposed by the law, but no one may evade the operation of otherwise-mandatory provisions if duties and liabilities have been properly imposed or incurred. It is a standard doctrine in most jurisdictions: in France, it is termed ; in Spain, ; in Italy, ; in Germany, . It reflects the need for governments to prevent their citizens from intentionally and improperly manipulating their behaviour to prevent mandatory provisions in the law from applying to them. As the translated names necessarily imply, the key is an intention to displace the normal operation of the legal system. Sometimes, that intention is obvious. On other occasions, it is for the courts to decide whether a sufficient intention can be imputed. Once the intention is established, the evasive manoeuvre is void, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty. Background Article 11 of WIPO Copyright Treaty "Obligations concerning Technological Measures" requires contracting parties to "...provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law." Article 12 of WIPO Copyright Treaty "Obligations concerning Rights Management Information" requires contracting parties to "...provide adequate and effective lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quibble (plot Device)
In fiction, a quibble is a plot device used to fulfill the exact verbal conditions of an agreement in order to avoid the intended meaning. Typically quibbles are used in legal bargains and, in fantasy, magically enforced ones such as prophecies.John Grant and John Clute, ''The Encyclopedia of Fantasy'',Quibbles p 796 Examples In Christian tales about witchcraft, a pact with the Devil often contains clauses that allow the devil to quibble over what he grants, and equally commonly, the maker of the pact finds a quibble to escape the bargain. In Norse mythology, Loki, having bet his head with Brokk and lost, forbids Brokk to take any part of his neck, saying he had not bet it; to avenge himself Brokk instead sews Loki's lips shut. When Croesus consulted the Pythia, he was told that going to war with Cyrus the Great would destroy a great empire. Croesus assumed that the seer meant that the Persian Empire would be destroyed and Croesus would triumph. He proceeded to attack the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Piggybacking (security)
In security, piggybacking, similar to tailgating, refers to when a person tags along with another person who is authorized to gain entry into a restricted area, or pass a certain checkpoint. It can be either electronic or physical. The act may be legal or illegal, authorized or unauthorized, depending on the circumstances. However, the term more often has the connotation of being an illegal or unauthorized act. To describe the act of an unauthorized person who follows someone to a restricted area ''without'' the consent of the authorized person, the term tailgating is also used. "Tailgating" implies no consent (similar to a car tailgating another vehicle on a road), while "piggybacking" usually implies consent of the authorized person, similar to a person giving another person a piggyback on their shoulders. Piggybacking came to the public's attention particularly in 1999, when a series of weaknesses were exposed in airport security. A study showed that the majority of undercover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
