Unenforced law

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]

Overview

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attempt to persuade rather than enforce, punish or prevent.^[8][4] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified.^[9] In Maryland, adultery is prohibited, however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]

See also

• Decriminalization
• Desuetude
• Expressive function of law
• Statute Law Revision Act
• Unenforceable
• Victimless crime

References

1. "Symbolic law definition". Law Insider.
2. "Dead Letter Law and Legal Definition". USLegal.
3. Modern criminal law; Wayne R. LaFave; P 53
4. Fieschi, Catherine (2006-02-26). "Symbolic laws". Prospect Magazine. Retrieved 2021-04-26.
5. The legal system: a social science perspective retrieved 29 January 2012
6. Law Without Values: The Life, Work, and Legacy of Justice Holmes retrieved 29 January 2012
7. Alpert, David (August 2, 2012). "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.
8. Law as symbolic form Deniz Coskun
9. "Bill to repeal of Colorado adultery law signed". The Denver Post. Associated Press. 2013-03-22. Retrieved 2021-04-26.
10. "Crimes Against Marriage | The Maryland People's Law Library". www.peoples-law.org. Retrieved 2021-04-26.
11. Clare Dyer (June 27, 2003). "Guardian vindicated in treason case". The Guardian. London.
12. R. (Rusbridger) v. Attorney General [2003] UKHL 38; [2004] AC 357; [2003] 3 All ER 784.