Langbahn Team – Weltmeisterschaft

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attempt to persuade rather than enforce, punish or prevent.[8][4] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified.[9] In Maryland, adultery is prohibited, however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

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. ^ a b 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.


Quelle: https://en.wikipedia.org/wiki/Unenforced_law