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An unenforced law (also symbolic law, dead letter 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.Modern criminal law; Wayne R. LaFave; P 53 The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.
Symbolic laws typically attempt to persuade rather than enforce, punish or prevent. Law as symbolic form Deniz Coskun For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified. In Maryland, adultery is prohibited, however the statutory criminal penalty is limited to a $10 fine.
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. 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. R. (Rusbridger) v. Attorney General 2003 UKHL 38; 2004 AC 357; 2003 3 All ER 784.
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