Meta: Explore the doctrine of desuetude, the legal principle that can void statutes due to prolonged non-enforcement. Learn its meaning, historical context in civil law, and why its application remains limited and controversial in US Common Law. Imagine a law on the books—formally enacted, never repealed—but one that no one has enforced for fifty years. […]
Understanding the Desuetude Doctrine and Obsolete Laws Meta Description: Explore the Desuetude doctrine, a legal principle where statutes become unenforceable due to long-term disuse. Learn its history, its rare application in common law jurisdictions like the U.S., and the fundamental conflict it poses with the separation of powers. Every legal system, regardless of its age
Post Summary: The Doctrine of Desuetude Explore the obscure legal concept of desuetude—a doctrine suggesting that a statute can become unenforceable simply because of prolonged non-use and a contrary custom. While rare and generally rejected in US statutory law due to separation of powers concerns, its underlying principles often resurface cloaked in due process and