Legal Definitions - de lege ferenda

De lege ferenda is a Latin legal term that refers to the law as it should be or ought to be, rather than the law as it currently exists. It describes proposed legal principles, reforms, or new rules that are being advocated for or considered for future adoption. When legal scholars, policymakers, or international bodies discuss "de lege ferenda," they are engaging in discussions about how to improve, update, or create new legal frameworks to address emerging challenges or achieve desired societal goals.

Here are some examples to illustrate this concept:

• Imagine a group of international legal experts proposing a new global treaty that would establish universal standards for data privacy and digital rights, arguing that current national laws are insufficient to protect individuals in the age of advanced technology. This proposal aims to create a more comprehensive and unified legal framework for the future.

  This scenario exemplifies "de lege ferenda" because the experts are advocating for what the law should be to adequately address modern digital challenges, rather than simply interpreting or applying the existing, fragmented national laws (which would be "de lege lata"). They are looking forward to a new legal order.

• Consider a national commission tasked with reviewing criminal justice. The commission recommends decriminalizing certain minor drug offenses and investing more in rehabilitation programs, arguing that the current punitive approach is ineffective and unjust. Their recommendations include drafting new legislation to reflect these changes.

  The commission's recommendations are "de lege ferenda" because they are suggesting significant changes to the existing criminal law. They are not merely explaining the current legal status of drug offenses but are proposing how the law ought to be reformed to achieve better societal outcomes and fairness.

• An advocacy group for animal welfare lobbies for a new law that would grant certain fundamental rights to animals, such as the right to be free from cruel and inhumane treatment, and establish legal standing for animals in court cases. Currently, animals are largely considered property under the law in most jurisdictions.

  This advocacy represents a "de lege ferenda" position because the group is pushing for a radical shift in how animals are legally perceived and protected. They are articulating what they believe the law should be to reflect a more ethical treatment of animals, moving beyond their current status as mere property.