Legal Definitions - law in action

Law in action refers to how legal rules and principles are actually applied and experienced in the real world, through the daily decisions and practices of legal professionals and institutions. It contrasts with "law in books," which is the formal, written law as found in statutes, regulations, and court opinions. "Law in action" acknowledges that the practical application of law can be influenced by human discretion, resource limitations, social context, and various other factors, leading to outcomes that may differ from what the written law alone might suggest.

Here are some examples illustrating "law in action":

• Police Discretion in Minor Offenses: Imagine a city ordinance that strictly prohibits jaywalking. According to the "law in books," anyone crossing the street outside a designated crosswalk could be ticketed. However, in practice, police officers often exercise discretion. If an officer sees someone jaywalking on an empty street with no traffic, they might choose to simply issue a verbal warning or ignore it, rather than issuing a citation. This decision, influenced by the specific circumstances and the officer's judgment, demonstrates "law in action" because the formal rule is not always strictly enforced in every instance.

• Prosecutorial Decisions on Charging: Consider a situation where a young person is caught shoplifting a low-value item, like a candy bar, and it's their first offense. The "law in books" dictates that shoplifting is a crime, and the prosecutor has the authority to file charges. However, in "law in action," a prosecutor might decide not to press charges, or to offer a diversion program (like community service or an educational course) instead of formal prosecution. This decision takes into account factors beyond the strict legal definition of the crime, such as the defendant's age, lack of prior record, and the minor nature of the offense, reflecting the practical application of justice.

• Divorce Settlements vs. Court Orders: When a couple divorces, the "law in books" provides detailed statutes and case precedents for how marital assets should be divided equitably. These rules outline specific factors judges must consider. However, in "law in action," the vast majority of divorce cases are settled out of court through negotiation, mediation, or arbitration, rather than going to a full trial where a judge formally applies all the legal rules. The final agreement reached by the parties might involve compromises and practical considerations that differ from what a judge *might* have ordered if the case went to trial, but it represents the real-world resolution of the legal issue, emphasizing practical outcomes over strict judicial application of every rule.