Unenforced law
 | The examples and perspective in this article deal primarily with the US and UK and do not represent a worldwide view of the subject. (June 2025) |
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.[3] Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them.[4] The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.[5]
Overview
[edit]Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.[6] 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.[7] Automated traffic enforcement cameras may still issue fines in these circumstances in some jurisdictions.[8]
Symbolic laws typically attempt to persuade rather than enforce, punish or prevent.[9][5] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified.[10] In Maryland, adultery is prohibited, however the statutory criminal penalty is limited to a $10 fine.[11]
Anti-marijuana regulations in the US present another large example of unenforced laws. While Federal Law prohibits possession, cultivation or intrastate distribution of cannabis,[12] the US government generally does not enforce these laws in States which have legalized marijuana products.[13]
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.[14] 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 republicanism is protected speech.[15]
See also
[edit]- Decriminalization
- Desuetude
- Expressive function of law
- Statute Law Revision Act
- Unenforceable
- Victimless crime
References
[edit]- ^ Gunnlaugsson, Helgi; Galliher, John F. (December 2010). "Drug Globalization: Eventual Legalization of Beer in Iceland and Marihuana Decriminalization in the USA". Journal of Scandinavian Studies in Criminology and Crime Prevention. 11 (2): 119–134. doi:10.1080/14043858.2010.523553.
- ^ Junker, John M. (1971). "Criminalization and Criminogenesis". UCLA Law Review. 19: 697.
- ^ Keedy, Edwin R. (January 1922). "Administration of the Criminal Law". The Yale Law Journal. 31 (3): 240–262. doi:10.2307/789043. JSTOR 789043.
- ^ Modern criminal law; Wayne R. LaFave; P 53
- ^ a b Fieschi, Catherine (2006-02-26). "Symbolic laws". Prospect Magazine. Retrieved 2021-04-26.
- ^ The legal system: a social science perspective retrieved 29 January 2012
- ^ Alschuler, Albert W. (2001). Law without values: the life, work, and legacy of Justice Holmes (Nachdr. ed.). Chicago: University of Chicago Press. p. 141. ISBN 9780226015217.
- ^ Alpert, David (August 2, 2012). "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.
- ^ Law as symbolic form Deniz Coskun
- ^ "Bill to repeal of Colorado adultery law signed". The Denver Post. Associated Press. 2013-03-22. Retrieved 2021-04-26.
- ^ "Crimes Against Marriage | The Maryland People's Law Library". www.peoples-law.org. Retrieved 2021-04-26.
- ^ https://www.congress.gov/crs-product/IF12270
- ^ https://www.mpp.org/issues/legalization/state-marijuana-regulation-laws-are-not-preempted-by-federal-law/
- ^ Clare Dyer (June 27, 2003). "Guardian vindicated in treason case". The Guardian. London.
- ^ R. (Rusbridger) v. Attorney General [2003] UKHL 38; [2004] AC 357; [2003] 3 All ER 784.
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