I come bringing a question, what makes something illegal? In a basic sense we would just say anything that goes against, or is banned by a law, but what if the law is never enforced? If you look at the United States government, we have 3 branches, Legislative, Judicial and finally Executive. While the first two are primarily responsible for making the laws, the Executive branches job is the actually enforce them. However what if the executive branch just decides not to then is something not illegal?
In 1832 is when we really saw a huge landmark case, specifically when the supreme court rules that the US government had no right to encroach on Native American lands and push them out. Andrew Jackson, the president at the time, refused to enforce the ruling and continued to claim more territory. Without the backing from the executive branch, the law essentially did not exist. We can see this on much smaller scales within counties or states within the United States. There is a whole book I read as a child dedicated to weird laws, but the vast majority of them are not followed.
An example of one of these weird laws is in Indiana it is illegal to attend a public event or use public transport within 4 hours of eating an onion or garlic. This is a law that is written in the books and has not been repealed, yet the police never enforce it because it is regarded as ridiculous. If we move to laws that might be more severe, position of marijuana in California for a long time was a criminal offense, but it was mostly left up to the police officers discretion whether or not to enforce the law and many did not.
In my opinion a law is only as important as the enforcement that goes behind actually making sure those who break it are held accountable. If there is a large disconnect between the actual people and the legislators who write the laws, they will obviously be meaningless. I talk about this because I often see people talking about what if cryptocurrency was banned by the government to which my response is, lets see if the government can actually enforce the law.
If there are a large amount of people who will use cryptocurrency regardless of what the law says and nobody enforces the law because they think it is stupid, it really carries no weight. Like I said before it technically exists on paper, but so do thousands of laws which no one even acknowledges anymore. The United States in particular has so many laws that I would say very very few people in the entire world even know the ones that exist in their own state let alone the entire country. So I ask that you think about this next time you think about whether something is illegal or not. If the police and government don’t or cant enforce it, I personally am inclined to believe that for all intents and purposes, it isn’t.
Thanks to @Elyaque for the badges
The problem is.. as long as a law is "on the books", you never know when the day might come where someone finally decides to enforce it.. and if they do enforce it, what are the repercussions?
The question then becomes.. Are you willing to take the risk and face the penalty? or Will you decide that the risk is not worth the reward?
I agree this is probably the major problem, if people want to get you for something they will find something. For example, we just saw Martin Skrelli get convicted of securities fraud. Had he not been an ass and gotten hated by the public, authorities never would have looked into his affairs.
I completely agree with you. There have been so many times when police or other government official decide to bring up a law just to enforce it out of nowhere. Like you said, are we willing to take the risk?
This made me think of something, what do you think would happen if someday somehow they were to reduce the number of laws we have, rule out the ones that are deemed ridiculous. And have just a core set of laws that protect the people, and if you break those laws you don't have to go through the whole arraignment date court date pay a bunch of money for whatever fines and costs a judge serves you, court house mamba, but there would still be a substantial consequence for whatever action was taken? I like thinking out loud. Your post makes me want to think out loud.
yes sir u right on that....
In my opinion a law is only as important as the enforcement that goes behind actually making sure those who break it are held accountable. If there is a large disconnect between the actual people and the legislators who write the laws, they will obviously be meaningless. I talk about this because I often see people talking about what if cryptocurrency was banned by the government to which my response is, lets see if the government can actually enforce the law.
The price would fall but usage would continue, impossible to ban without cutting people off at exit points .
Common sense has a way of taking care of this stuff even in cases as severe as the law. When a law says "You can't cross the street while wearing a red shirt," that kind of thing just falls into obscurity and gets repealed if and when any cop has the audacity to try and cite a citizen for it.
Good post, having as much people who is aware of the benefits defy the law will surely encourage lawmakers to take action either in a good way changing the law, or not.
I support ur view however that law becomes law only when it is enforced rather than it just remaining on a paper.
https://steemit.com/introduceurself/@moonprincess/hi-im-safiya-firstpost. Please read
i think we and every one respect every law everthing best @calaber24p..but i think law is not effected on strong comunities
Maybe. Some laws that are unjust I dont follow.
@calaber24p very nice article and yes if the government makes a law its equally important for them to makes sure to enforce it otherwise the law at its own has no means. i think it is the responsibility of law enforcement agencies to make sure that they can enforce the law successfully.
It's all about keeping up appearances it seems @calaber24p
I tell u my friend... Law is absolutely nothing without d enforcement, its like a "train without an engine"
is the juice worth the squeeze :-) thats the question.
I say always risk it if....
Looks Good To Me,calaber24p
IS the a law against liking bacon tomuch?
Good post. Unique perspective on law.
What makes something illegal is the decision from a group of people to make something illegal. Enforcement has more to do with privilege since some top tier members of society are not treated the same.
The problem with law is clarity. Law is made broad enough to cover all the different instances that could happen, but could then be used and abused. A good law has to cover all the different aspects of making something illegal, but precise enough that it can't be abused.
I agree with you. But the tax police can not agree with you :)
I don't know too much about law but maybe in cases where something is not legislated you can use a jurisprudence as a precedent.
The only people following the rules by the guide book are the ones enforcing them really.
Cheers for the great article :)
My opinions are in line with that of yours. But I want to add a point. Laws are what government or rather people in power make and since people in power writes history they frame the laws that support their wellbeing.
It becomes even more ridiculous when you start reading the constitution and the bill of rights. You begin to think all laws are unjust garbage. Likewise if you told a fellow american that there is no law saying you need to pay an income tax. The question really becomes why am I paying it.
Cannasense out of California has even gone so far to say that under the compassion care act of 1996 if anyone becomes a legal cannabis medical card holder they can and WILL support you medically in all 50 states. Which makes you think cannabis is legal in all 50 states. If you under the provisions and care of a licenced doctor. Yet laws explicitly state in many states that cannabis is illegal....so which is it?
Another thing is how you really look at laws, all laws are up to certain descretion, how one person may enforce the law can be totally different from how someone else may enforce the same laws. Personally I think we should just let people live how they want, kill all the stupid laws because the CONSTITUTION is the supreme law of the land. Many landmark cases prove this and quite frankly you'd be surprised how many laws really hold no weight in that if you know how the constitution works you'd understand most laws are actually illegal, unconstitutional and being arrested, fined, or otherwise is actually so against your rights its criminal!
The government state and federal pass new laws and amendments everyday about 40,000. new one a year. As law enforcement the police don't enforce something they don't know I've seen many of times the police place you under arrest before you are charge so they go back to the station then can look up laws that can be applied and will stick. ( AKA Throwing the book at you lol)
There are so many laws you cross path with a law enforcement officer they will find something to charge you with. I believe in law if it not there it will be chaos in the streets dog eat dog tape of thing in some parts of the country. So Laws is a form of CONTROL a dictator the USA is not a free land. Now the Native Indian I hear all the time how we taken the land from them. Well when all this land taken was going on the English settlers was not the only ones here doing that you had the French and Mexican doing the same. The Native Indian was getting it all the way around and my hart go out for what they endured. But if we didn't clam the land someone else would have.
Good post everyone need to be aware of all the laws that put in place Daily.
Here a funny law I read Theirs a State it illegal to die in lol like I know when I'm going to kick the bucket
Unenforced laws can be an attempt to persuade without punishment. Sometimes it can be that the enforcement of a law is to tedious, in my country (Belgium...) for example it is mandatory to vote, but so many people don't that only some get punishment by some kind of lottery.
We also have some very weird local laws (called GAS) that for example forbid children to play without ensurance and state permission, or forbid you to sing out of tune and other crazy stuff, you can get away with some of them if you are lucky...
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all law requires to be effective or ineffective is for a group to have the ability to maintain (or challenge) the "monopoly on violence"
The monopoly on violence is the ability for a group to enforce their will and protect the citizens who follow it. You need to be able to do both or the laws are ultimately meaningless.
This concept forms the basis of all society. Follow these rules, and receive our protection.
Las leyes están basadas en la biblia y los distinto poderes ramas actúan según su orden establecido, el problema no radica específicamente en las ramas o el sistema en general, si no que todas sus falencias son debido y únicamente a las personas que llegan a ese poder. El problema de la humanidad es el hombre mismo
bastante introduccion para ser tan eficaz
I agree with you that laws are only helpful if they are enforced. Unfortunately, there are many laws that are ignored to the detriment of society.
We think we obey the law but we just obey the commonly accepted rules. politicions will always play in to what the people think and feel. That being said, I think politicians and news agencies mold the people so the people think they get what they want.
I hope crypto will start a revelution that siphons the worlds wealth back to the people. How will they arrest 3 million people holding crypto?
Law enforcement can be seen as the violence of the weaker majority by some. That continual violence must stem from keeping the majority in ignorance which all violence stems from.... unless in defense of course. My view is if they make crypto illegal or any other thing that should be part of a natural right then I'm going to do my best to be the best law breaker I can be. It is an awesome write up and you've got my vote.
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