Loophole Tower 11 at Rousse, Guernsey.
Friend or foe? It all depends on perspective when considering a loophole, no matter which definition you use. When coming across the word loophole, most people probably think of taxes. A loophole is an ambiguity or technicality in a law or set of rules which allows someone to legally evade the terms of a law or contract. Tax lawyers love to find these things. A loophole also refers to a narrow slit in the wall of a fortification, which allows an archer or gunner to fire at the enemy outside from relative safety. For a lawmaker, a loophole is a crack in the government’s revenue bucket and must be plugged. For a tax lawyer, it’s why they’re hired. For the archer, the loophole is the trusted comrade who guards his back, front, and both flanks. For the poor sod storming the castle, it’s where those cowardly archers hide and take potshots.
Loophole dates from the mid fifteenth century or the late sixteenth century. Sources differ. The word combines hole—which derives from the Old English hol, meaning a hollow place or cave—with the Middle English loupe, meaning a narrow window or slit in a wall. Loupe dates from the early twelfth century and derives from lupen, a Middle Dutch word meaning to watch or peer. Loupes were not for warfare alone. They provided much needed ventilation and light to dark, dank castles.
Detail from A Peep at Christies; or Tally-ho, & His Nimeney-Pimmeney Taking the Morning Lounge, by James Gillray (1796).
Middle English loupe should not be confused with the modern English loupe, which refers to a magnification device—also known as a hand lens—popular among watchmakers, surgeons, and steampunk characters. The magnifying loupe is a direct borrowing from French.
The sense of a contractual loophole, allowing evasion or escape, dates from the mid seventeenth century. There are various theories on how this meaning of loophole developed. One argues that a loophole, despite its narrowness, offers a means of escape from a building. Another considers a loophole a small opening in an otherwise impregnable wall. The first recorded usage is from a letter written in 1663 by the poet Andrew Marvell of “To His Coy Mistress” fame.
But it would be much below You and Me, Friends of an hundred years, free from all reason of jealousy of one another, to leave such loop-holes in Our souls, and to penetrate and squeeze Our selves through our own words.
Attributions: By Man vyi (own photo) [Public domain], via Wikimedia Commons; James Gillray [Public domain], via Wikimedia Commons.
Didn’t know it dated back so far.
It’s interesting that the rewards and frustrations of loopholes have been around for awhile, always depending on our perspective. 🙂
I do think of loophole more in terms of the law. That’s fascinating how it came about.
Love that quote!
Great info on loophole. It immediately made me think of jeweler’s loupe, since I ran across that in a CPs ms recently, and I’m impressed you included that in the post!
That is a poetic use of the term.
It’s origins are fascinating. I was unaware it was a window. I do know of ‘loupe’.