Opus 2011-29, New Terms: Statutory Neglect

This is a term I came across a few years ago while preparing to teach.  I was generally aware of it happening but had not really thought about it.  I am seeing it more and more as an issue in our society.

Statutory neglect is a situation where a law is passed and then ignored. 

Sometimes it is ignored because it has become a non-issue.  I heard one time there was a law against walking your pig down the mainstreet in some town.  In Ancient Rome citizens were required to wear a toga in public.  We have all heard of silly laws.  At least they seem silly to us now, but life has moved on.

Another type of law is ignored because people are too lazy to deal with it.  When I was a kid we had curfew laws.  We were not supposed to be out after 10:00 at night without an adult.  I don’t remember ever being stopped for this one.

The place where this becomes a problem is when the law is selectively neglected for purposes of harassment.  The speed limits are one example.  There are times when it seems like no one is observing the speed limit then suddenly the red light comes on and someone gets a ticket.  This happened to me once.  I was picked out of the middle of the flow and written up for going 60 in a 55 zone.  I wonder if it had to do with me being a teenager?  It is why people are pulled over and harassed for the offense of “driving while black.”  It happens.

There are many laws on the books that can be used selectively.  If you are worried about the government becoming oppressive and limiting your freedom, you have reason for concern.  The laws are already there.  They can be used to harass or jail people because someone in authority does not like them.

It leads to a breakdown in responsible society.  I teach in middle school.  The law is clear about tardies and absences.  The kids are threatened.  They are read the riot act.  Letters are mailed home.  Ultimately nothing happens.  The kids learn early that the law doesn’t mean a whole lot.  Many of them are criminals in training because no one at home is teaching them either.

We need to put a sunset clause on all laws.  They need to be brought up every few years and voted on again.  This will get rid of some of the silly ones and make our elected officials accountable for what they are enforcing.

homo unius libri