Unenforced law


An unenforced law (also symbolic law) 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.[1] The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.[2]

Overview


Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.[3] There are also circumstances in which an otherwise enforced law is not; for example, speeding in a motor vehicle is illegal in most jurisdictions,[4] however law enforcement may choose to ignore motorists who only slightly exceed the legal speed limit.[5] Automated traffic enforcement cameras may still issue fines in these circumstances in some jurisdictions.[6]

Although incest is illegal in many European countries, it is generally not enforced if between two consenting adults.[7]

Symbolic laws typically attempt to persuade rather than enforce, punish or prevent.[8][2] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified.[9] In Maryland adultery is prohibited, however the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]

See also


References


  1. Modern criminal law; Wayne R. LaFave; P 53
  2. Fieschi, Catherine (2006-02-26). "Symbolic laws". Prospect Magazine. Retrieved 2021-04-26.
  3. The legal system: a social science perspective retrieved 29 January 2012
  4. "Speed Limits - List of the Speed Limits on per Country Basis". www.rhinocarhire.com. Retrieved 2021-04-26.
  5. Law Without Values: The Life, Work, and Legacy of Justice Holmes retrieved 29 January 2012
  6. AlpertAugust 2, David; 2012 202. "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.CS1 maint: numeric names: authors list (link)
  7. "Geschwisterpaar bringt Inzest-Verbot ins Wanken" (in German). 22 May 2011.
  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.