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]
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]
Although incest is illegal in many European countries, it is generally not enforced if between two consenting adults. [8]
Symbolic laws typically attempt to persuade rather than enforce, punish or prevent. [9] [4] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified. [10] In Maryland, adultery is prohibited, however the statutory criminal penalty is limited to a $10 fine. [11]
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. [12] 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. [13]