An unenforced law (also symbolic law, dead letter law) is a

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

which is formally in effect (''

de jure In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...

''), but is usually ('' de facto'') not penalized by a

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

. Such laws are usually ignored by

law enforcement Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms gove ...

, and therefore there are few or no practical consequences for breaking them. The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.

Overview

Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.The legal system: a social science perspective
retrieved 29 January 2012 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. Automated traffic enforcement cameras may still issue fines in these circumstances in some jurisdictions. Symbolic laws typically attempt to persuade rather than enforce, punish or prevent. For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of

Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...

, but no criminal penalty was specified. In

Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...

, adultery is prohibited, however the statutory criminal penalty is limited to a $10 fine. In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

, under the

Treason Felony Act 1848 The Treason Felony Act 1848 ( 11 & 12 Vict. c. 12) is an act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the act are still in force. It is a law which protects the King and the Crown. The offences in the act ...

, it is a crime punishable by life imprisonment to advocate for the creation of a republic in print, even peacefully. The Law Lords' interpretation of the later

Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...

, however, has ensured that this law is unenforced, on the grounds that peaceful advocacy of a republic is protected speech.''R. (Rusbridger) v. Attorney General'' 003UKHL 38; 004AC 357; 0033 All ER 784.

References

Criminal law {{law-term-stub

Overview

See also

References