Expressive_function_of_law

Expressive function of law

Expressive function of law

Effect of law to create or validate social norms beyond the fear of punishment

The expressive function of law is the effect of law to create or validate social norms beyond the fear of punishment.[1][2] For example, the criminalization of homosexuality may be maintained in order to express disapproval of homosexuality, even if it is not regularly enforced.[3]

See also

  • Unenforced law, a law which is formally in effect, but is usually not penalized by a jurisdiction
  • Victimless crime, an illegal act which harms only the perpetrator(s)

References

  1. [1]
    McGinn, Thomas A. (2015). "The Expressive Function of Law and the Lex Imperfecta". Roman Legal Tradition. 11: 1.
  2. [2]
    Funk, P. (2007). "Is There An Expressive Function of Law? An Empirical Analysis of Voting Laws with Symbolic Fines". American Law and Economics Review. 9 (1): 135–159. doi:10.1093/aler/ahm002.
  3. [3]
    Goodman, Ryan (2001). "Beyond the Enforcement Principle: Sodomy Laws, Social Norms, and Social Panoptics". California Law Review. 89: 643–740. doi:10.2307/3481180. JSTOR 3481180.

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