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An unenforced law (also symbolic law,[1] dead letter law[2]) is a law which is formally in effect (de jure), but is usually (de facto) not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them.[3] The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.[4]
Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.[5] There are also circumstances in which an otherwise enforced law is not; for example, speeding in a motor vehicle is illegal in most jurisdictions, however law enforcement may choose to ignore motorists who only slightly exceed the legal speed limit.[6] Automated traffic enforcement cameras may still issue fines in these circumstances in some jurisdictions.[7]
Symbolic laws typically attempt to persuade rather than enforce, punish or prevent.[8][4] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified.[9] In Maryland, adultery is prohibited, however the statutory criminal penalty is limited to a $10 fine.[10]
In the United Kingdom, under the Treason Felony Act 1848, it is a crime punishable by life imprisonment to advocate for the creation of a republic in print, even peacefully.[11] The Law Lords' interpretation of the later Human Rights Act 1998, however, has ensured that this law is unenforced, on the grounds that peaceful advocacy of a republic is protected speech.[12]
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