Legal Definitions - desuetude

Desuetude refers to the state of a law, statute, or legal principle that has fallen into disuse and is no longer enforced. When a law remains on the books but has been ignored or unenforced for a very long period, the legal doctrine of desuetude suggests that courts might no longer consider it to have binding legal effect, even though it has not been officially repealed or struck down.

Essentially, it's the idea that a law can become obsolete and lose its power simply through prolonged neglect and non-enforcement, rather than through a formal legislative act.

• Example 1: An Obsolete City Ordinance

  Imagine a small town that, in the early 1900s, passed an ordinance making it illegal to "tether a goat to a parking meter." While this ordinance was never formally repealed, the town stopped using parking meters decades ago, and goats are no longer a common form of transportation or pet in the area. For over 70 years, no one has been cited or prosecuted under this law, and residents and authorities alike act as if it doesn't exist.

  This illustrates desuetude because the ordinance, though technically still "on the books," has completely fallen out of use and enforcement. A court would likely consider it to have lost its legal force due to this prolonged disuse, rather than requiring the town council to formally repeal such an anachronistic rule.

• Example 2: An Unenforced State Regulation

  Consider a state law enacted in the 1960s that mandates all public libraries must maintain a physical card catalog system for their collections, alongside any digital systems. For the past 30 years, as technology advanced, libraries across the state have transitioned entirely to digital catalogs, discarding their physical card systems. The state library commission has never enforced this card catalog requirement, and no library has been penalized for its absence.

  Here, the state law requiring card catalogs has fallen into desuetude. Despite its existence, it is universally ignored and unenforced, reflecting a societal and technological shift. If a challenge arose, a court might rule that the law no longer holds legal weight due to its long-term non-enforcement and obsolescence.

• Example 3: A Forgotten Clause in an International Treaty

  Two nations signed a treaty in the 18th century that included a clause requiring one nation to annually send a specific type of rare spice to the other as a symbolic gesture of goodwill. For the last 100 years, this spice has not been sent, nor has it been requested by the receiving nation. Diplomatic relations between the two countries have continued normally, with neither party ever mentioning or acting upon this particular clause.

  This scenario demonstrates desuetude in an international context. The treaty clause, despite being part of a valid agreement, has been rendered effectively meaningless through a century of non-observance and non-enforcement by both parties. It has fallen into such disuse that it would likely be considered to have lost its legal effect, even without a formal amendment or renegotiation of the treaty.