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Encyclopedia > Desuetude

In law, desuetude (from the French word désuet, outdated) is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time; it is what happens to unrepealed laws when they become obsolete. Law (from the Old Norse lagu) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide punishments of/for those who do... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Obsolescence is when a person or object is no longer wanted even though it is still in good working order. ...


The doctrine of desuetude is not favoured in the common law tradition. In 1818, the English court of King's Bench held in the case of Ashford v. Thornton that trial by combat remained available at a defendant's option in a case where it was available under the common law. The concept of desuetude has more currency in the civil law tradition, which is more regulated by legislative codes, and less bound by precedent. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... 1818 is a common year starting on Thursday. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location within the British Isles Official language English de facto Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked 1st UK... One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ... The Judicial Duel. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... Civil law has at least three meanings. ...


The doctrine has been applied in regard to acts of the pre-1707 Scottish Parliament. [1] For the national legislative body adjourned in 1707, see Parliament of Scotland. ...


Since Reagan, critics say that worker protection laws have been subject to desuetude. Desuetude of occupational safety and health laws kills workers. Desuetude of wage-hour laws defeats worker rights to just wages. Desuetude of laws protecting rights to join unions destroys worker rights to join democratic free trade unions. Desuetude of anti-discrimination laws erases legal protections for victims of race, gender, sexual orientation and whistleblower discrimination, depriving them of equal justice. Desuetude of worker protection laws promotes lack of trust in government and increases inequality. The Department of Labor is angry about workers and counsel criticizing desuetude, punishing those who raise concerns about 25 years of desuetude, wrought by large organizations and their lobbyists. Few politicians or labor leaders are currently confronting desuetude of worker rights protection laws.


Evidence of desuetude can be seen, critics say, by sub silentio alteration of long-estabished precedents protecting whistleblowers for trucking companies from retaliation for refusing to drive ill and fatigued; efforts to force employees to wait years for decisions where the law requires promptness; refusal to invest resources in enforcement and adjudications; appointment of opponents of worker protection laws to law enforcement; and corruption, as in a recent Texas case where an OSHA manager was convicted of receiving bribes through a confederate to reduce penalties on employers.


Desuetude of worker protection law can kill, critics say, as when ten people died in one 2004 Texas truck wreck,or when twelve West Virginia miners died in one mine disaster in January 2006. Defenders of the new status quo of worker protection law desuetude say that government must be "business friendly." That was the purpose of the English "Statute of Laborers," which prohibited workers from relocating or receiving higher wages. 23 Edw. 3, c. 1 (1349); 25 Edw. 3, c. 1 (1350). Inflicting business-friendly labor laws was the point of view of controversial Reagan Administration Labor Secretary Raymond Donovan (indicted but acquitted in a scandal involving mafia control of construction companies). Under Donovan and successors, worker rights laws were turned into dead letters, with Department of Labor employee whistleblowers retaliated against and worker rights law enforcement left in shreds, critics say.


  Results from FactBites:
 
Dictionary.com/Word of the Day Archive/desuetude (153 words)
Nuns and priests abandoned the identifying attire of the religious vocation and frequently also the vocation itself, experimental liturgies celebrated more the possibility of cultural advancement than that of eternal life, and popular Marian devotions fell into desuetude.
Where specific restrictions on personal freedom and on communal activity had not explicitly been lifted they were allowed to fall into desuetude by default.
Desuetude comes from Latin desuetudo, "disuse," from desuescere, "to become unaccustomed," from de- + suescere, "to become used or accustomed."
desuetude - definition of desuetude in Encyclopedia (149 words)
In law, desuetude is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time; it is what happens to unrepealed laws when they become obsolete.
The doctrine of desuetude is not favoured in the common law tradition.
The concept of desuetude has more currency in the civil law tradition, which is more regulated by legislative codes, and less bound by precedent.
  More results at FactBites »


 

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