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Garner reads

Instead of will not always suffice instead of in lieu of —e.g.:

“The two were sent to jail in lieu of $100,000 bond or $50,000 cash bail.”

OED reads "in exchange or return for, as a payment, penalty, or reward for."

However I cannot grasp what the example exactly means.

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    There are certain contexts in which the formula in lieu of is always used, and it wouldn't sound right to replace it with instead of. One such context is official arrangements, such as an employee dismissed without notice being given a month's salary in lieu of notice. Jul 25, 2021 at 12:56
  • @KateBunting That's an answer, not a comment.
    – tchrist
    Jul 25, 2021 at 13:18
  • 2
    @EdwinAshworth Are you voting to close, or providing an answer?
    – tchrist
    Jul 25, 2021 at 13:18
  • So do you use "in lieu of" instead of "instead of", or "instead of" in lieu of "in lieu of"?
    – Hot Licks
    Jul 25, 2021 at 14:39
  • 1
    @TinfoilHat You say that like those are three different things. :)
    – tchrist
    Jul 26, 2021 at 19:23

2 Answers 2

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(Converting this to an answer as requested.)

There are certain contexts in which the formula in lieu of is always used, and it wouldn't sound right to replace it with instead of. One such context is official arrangements, such as an employee dismissed without notice being given a month's salary in lieu of notice, or, as Michael says, people taking 'time off in lieu' after working outside normal hours.

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  • what is the context of OP? They were sent to jail because they didn't pay their (respective? I don't know the exact meaning of or in OP) fines?
    – GJC
    Jul 25, 2021 at 16:41
  • I would assume that no-one was willing to put up the $50,000 bail! Jul 25, 2021 at 17:22
  • @GJC In your cited legal context, the two were subjected to a default alternative penalty absent the more desirable substitute of being released on bail. This is a possible additional connotative nuance of in lieu of / en lieu de in legalese that wouldn’t occur with the more neutral in place of / instead of, a condition that could have been made more explicit by using things like for/from/by/through lack of; for want/absence/fault of; in absence of, absent; lacking, wanting, failing, manqué.
    – tchrist
    Jul 25, 2021 at 17:30
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Based on your comments to Kate Bunting’s answer, it appears that your question isn’t asking about “in lieu of” in isolation, but its function in the presence of “or” within the original context. This answer addresses that aspect of your question, leaving the discussion of “in lieu of” to Kate Bunting’s answer.

Your quote sets up a choice between a ‘time in jail’ penalty and a monetary penalty.

The word “or” in the quote distinguishes between two forms of monetary penalty, one of which is called a bond and the other, bail.

The quote says that the ‘time in jail’ option was imposed instead of either monetary penalty.

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    Bit of a consolation prize.
    – tchrist
    Jul 25, 2021 at 17:26

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