[AussieWog93]

>Why should companies or people be punished for finding and using loopholes?

You answered it yourself. They're against the spirit of the law.

In any other circumstance where rules or obligations are enforced, exploiting loopholes is completely unacceptable behaviour.

(To clarify, I'm not arguing that the judge made the wrong decision in this particular case. Instead, I don't think this type of behaviour should be tolerated by the system at all.)

[nostrebored]

Now it’s the responsibility of people to judge the spirit of sets of laws? It’s not enough to navigate the spaghetti of modern legislation, you have to rationalize the intent across several strands and ensure that you’re following it?

No, your lawmakers made overly complex, bad laws.

[robertlagrant]

> You answered it yourself. They're against the spirit of the law.

This is not right. If the spirit of the law is obvious, write it down.

Otherwise you're just advocating for people having to know the letter of the law (even when paying more money is against the spirit of the law, that will not matter; only when it's about paying less money), and the spirit of the law, whatever that is.

If a state's only job in this regard is to write down some rules that let it get free money from workers, it should take responsibility for writing the rules down properly.

[ehnto]

Most laws have some ambiguity, it's the reason we have courts that have the ability to make somewhat arbitrary rulings, so that they can enforce a fair and just outcome that supports, 'the spirit of the law'. It goes both ways too, sometimes someone breaks a law in literal terms, but by the spirit of the law it isn't actually important. Courts dismiss cases of broken laws all the time based on that.

You simply can't codify everything, just like in software, there are bugs in law, and people will take advantage in weird and unusual ways. Courts come in and remedy the outcome of the bug, and that ruling is used in future cases to make better decisions, so you can consider that a hotfix.

> (even when paying more money is against the spirit of the law, that will not matter; only when it's about paying less money)

The literal law is to not pay people below Australia's legal minimum wage. It's not a "target wage", so going over it is obviously not relevant, it is the bare minimum. The spirit of that suite of laws is to stop companies from exploiting workers.

[tchalla]

That can’t happen. This is why there are courts to interpret the law. Otherwise, the law would be an algorithmic decision maker.

[robertlagrant]

Well, that would be ideal :) But I think a loophole isn't "something that's not yet been interpreted by a court". It's "something that's agreed to be the case, but the people writing the rules to get money didn't foresee."

[kdioo88]

A whole lot of people would love to but legislatures across the globe are colluding with oligarchs to impede the legislative process.

Writing down law that would close loopholes with specificity is bad for business, which has symbolically been expanded to include other skin colors and genders so it can be argued the people having their agency back is actually regressing gains for some (gains in an intentionally manipulated ledger of exchange value thanks to loopholes).

Never mind the industrial mess threatens the species. The tribal fractal anyone happens to live in must never change!

It’s become a truism we want this because no alternatives are allowed to be.

[mytailorisrich]

In a system based on the rule of law the only way to make people stop using loopholes is to close them by changing the law. People are entitled to do what's in their best interest by staying within the law to the limit. If the issue is one of interpretation of the law then courts are there to decide.

[gilrain]

This is entirely opposite of how our courts are designed and obliged to work. Please educate yourself.

[lotsofpulp]

How does this lead to anything other than the justice system being able to selectively target entities?

[chii]

> They're against the spirit of the law.

and if you're against the spirit, but find a loophole? you do not technically break the law, and achieve your objectives.

The law maker is at fault, if there are loop holes.

[ehnto]

Finding the spirit of the laws is usually just trying to judge how it matches with the ideals of the society as a whole (at least, best case scenario), as interpreted by the courts, so if you're against the spirit then you're probably against some ideal of the society.

Taking the idea of wage theft as an example, the spirit of the law is that as a society we typically don't want to be exploited by companies, but there exists no shortage of capitalists who are against the spirit of that suite of laws. I would call them antagonists to those ideals of society.

It would be interesting to hear about a law who's spirit you are against, and to try and match it up with a societal ideal. I can't come with anything myself right now. Perhaps weed? It's still mostly illegal here, but I think many courts in this day and age would be lenient, as it becomes clear that society's ideals have changed in that area.

(edit: I edited this comment a lot as my thoughts evolved on it, sorry if anyone caught it mid-edit)

[ModernMech]

> The law maker is at fault, if there are loop holes.

It's very tough to distinguish loopholes that were added accidentally by lawmakers, and loopholes that are added intentionally to appease corporate donors.

[mustyoshi]

Either way the lawmaker is at fault for adding it.

A lawmaker isn't legally required to include your provision just because you donated to them.