In 1964, the sociologist Niklas Luhmann published his book Funktionen und Folgen formaler Organisation, functions and consequences of formal organization. One of its chapters is titled Brauchbare Illegalität, useful illegality. The term describes rule-breaking that helps an organization to work. Organizational sociologists still use it as the technical term for such rule-breaking.
In 2015, the sociologist Stefan Kühl applied the term to the emissions scandal in his paper Volkswagen ist überall, Volkswagen is everywhere. He wrote that generous readings of the law and small departures from rules are functional for an organization, and are therefore tolerated. In his view, Volkswagen’s leadership did not fail because of these everyday departures. It failed because it managed its useful illegalities unprofessionally.