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Safe harbor (law)
A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. It is usually found in connection with a vaguer, overall standard. For example, in the context of a statute that requires drivers to "not drive recklessly," a clause specifying that "driving under 25 miles per hour will be conclusively deemed not to constitute reckless driving" is a "safe harbor." Analogously, "''un''safe harbors" may be employed to describe conduct that ''will ''be deemed to violate the rule. In the above reckless-driving context, a clause saying that "driving over 90 miles per hour will be conclusively deemed to constitute reckless driving" would be an "unsafe harbor." In this example, driving between 25 miles per hour and 90 miles per hour would fall outside of either a safe harbor or an unsafe harbor, and would thus be left to be judged according to the vague "reckless" standard.
==Theoretical justifications==
Safe harbors have been promoted by legal writers as reducing the uncertainty created by simply employing a vague standard (such as "recklessness"). On the other hand, this type of rule formulation also avoids the problem of creating a precise rule that leaves a judge with no available discretion to allow for "hard cases." In theory, the safe harbor formulation can combine the virtues of vague standards and precise rules, allowing legislatures to prescribe with certainty the advance outcome for specific foreseeable cases, and to leave to judges to decide the cases that remain.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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