Use of "lesser"

In my opinion, both are different sentences. A kind of different concept between ' x and y ' and ' x or y '

I don't think there IS a "lesser of x AND y. " If you say x and y, that is the same as x + y. Just because one statement is written out in words and the other uses a mathematical shorthand, the meaning isn't changed. If you add two things, there will only be one answer. If you want to choose the lesser, you need a selection to choose from.

A very thought-provoking question.

I'll offer a considered opinion, but not very forcefully. My feeling is that "X and Y" is correct.

My reasoning is as follows: You can say "the lesser of the two"; "the two" refers to a group (i.e. a single collective entity), so "the lesser of X and Y" is like saying "the lesser of the items in the group containing X and Y."

Just a

Thanks for the feedback. I have to admit that I'm pulled to X or Y. Mathematically, "or" fits, but when you look at the group concept (e.g. "lesser of the two") then "and" fits. Perhaps this is another grey area of the wonderfully, complex English language. Thanks again.

"the lesser of x AND y" is correct.

Legally it's been used that way.

Source: http://www.justice.gc.ca/eng/dept-min/pub/legis/rm-mr/part4/greater.html