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 […]
Meta Summary: The desuetude doctrine is a legal principle where a statute or law can become unenforceable simply because of a long and notorious period of non-use. While rooted in Roman and Civil Law systems (like Scotland), it is largely rejected as a formal doctrine in the U.S. and English Common Law due to the
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