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Honestly, I think "abus de droit" is a very interesting concept. I'm partial to liking it but I'm curious what the downsides are. Sure, some will say that it
by tryitnow 10y ago
Honestly, I think "abus de droit" is a very interesting concept. I'm partial to liking it but I'm curious what the downsides are.
Sure, some will say that it creates too much of a gray area, but that's life. Sorry. I think there's a lot more "effective" ambiguity when everyone is trying to dodge the spirit of the law and exploit loopholes. It creates chaos that lobbyists, consultants, and others can exploit.
Focusing on enforcing the spirit of the law may lead to some abuses, but those abuses have to be weighed against the massive, systemic, abuses that occur when people violate the spirit of the law.
- charlesdm 10y agoThis is not just a problem with tax law, but any law. The problem with the spirit of the law is that it means different things to different people. Both intent (and morality!) differs greatly between various people. Hence we stick to the letter of the law. A simple example: - Let's say one can do A, B, C and D. They all represent similar situations. - For some reason, the government wants to block the above. - They create a new law, blocking A, B and C. They forgot D. Now, they might have wanted to block D as well. But how do you know? What if D gives you a significant advantage over competitors? One thing I've noticed, hanging out with lawyers, is that governments often make a lot of half assed laws. Closing the "loopholes" isn't hard - it just takes time + requires proper work. Also, don't forget, some loopholes are there by design.