Comment Re:Laws need to reflect game policies (Score 2) 83
I'll provide an example I gave in another post. If the law prohibits minors gambling at the horse track, but Little Johnny stands right there listing off bets to an adult who parrots those bets to the track employee taking bets, then hands the money for those bets to the adult who hands it to the track employee, the law is clearly and obviously being circumvented and the entire intent of the law undermined by a simple loophole. (this actually works by the way, did it for years as a teen) Is this a capital crime that needs huge resources dumped into it? No, but ignoring it breeds disrespect for the law.
Perhaps another example. Let's assume there's a declaration requirement when entering the US which states that you have to declare when they're entering the US with cash in excess of $10,000 USD in value. Now let's say John Smith withdraws $50k from his bank, then flies to the US, where it's discovered that he, his wife, and each of his three young children each have $9,980 on their person. Then the law states that deposits in excess of $10,000 into US financial institutions must be reported, but John Smith fills out 5 separate deposit slips for $9,980 each. These are easy enough to cover in the legislation, you say. Sure, but there are 50 permutations of this you can come up with without getting creative. Then another 50 when you start thinking harder. Then another 100 when you involved a lawyer. And another 1,000 when you involve a creative lawyer. And in a week, you'll find another hundred ways to work around the letter of the law.
The point is that while I agree poorly written legislation is a problem and one that should be addressed, no legislation can ever be written in such a way that its intent cannot be undermined by a motivated individual with an agenda. If we begin with the idea that the intent of the law is valid, just, and good policy, we must endeavor to do all we can to keep obvious circumvention attempts at bay. The idea that one can easily violate the spirit of the law by "rules lawyering" the words and letters within it is just absurd. It's how you end up with ridiculous things like "it depends upon what the meaning of the word 'is' is."
Language is an imprecise means of conveying ideas. The intent of a law should be clearly defined and all attempts to violate that intent punishable in the same fashion. Anything less makes the whole thing a stupid game and the law ought to be above that.