Can ancient laws still be enforced?

Question

As in for the UK some old laws were: With the exception of carrots, most goods may not be sold on Sunday. / All English males over the age 14 are to carry out 2 or so hours of longbow practice a week supervised by the local clergy. / Any boy under the age of 10 may not see a naked manequin.

I dont know if these laws have been changed but as far as I know I dont shoot a longbow nor did I ever get arrested for looking at naked mannequins when I was under 10

Answer 1

English law is made up of a long history. There is the "common law" which is the rulings of kings and courts. There is the case law, which is the interpretation of law by courts. Finally there are laws that have been written down by various law making groups.

These different laws all manage to conflict with each other. The written laws can be rescinded. Case law and common law can not be, they are overwritten by newer laws which makes the old law effectively rescinded.

To take the example of the selling of carrots and other vegetables on certain days. This law would still apply, but in fact there will be different laws that have superseeded that law to allow a trading on those days.

One perfect example is consumer and contract law. If you buy anything you are covered by contract law. But there is also laws to protect consumers which give the consumer more power than they would have under contract. Courts take the consumer law over that of the contract law when dealing with individuals.

In addition old and irrelevant laws are often simply ignored, or if prosecuted result in very small fines or sentences.

Yes, old laws can and often are used. But the complexity of the English legal system actually means it is hard to say whether one old law is in fact enforceable.

Answer 2

Yes and no. There is a possibility that a newer law has taken precedent over the old law, and therefore the old law (while still on the books) is no longer active.

If that is not the case, then yes technically they can be enforced, but the probability of getting the police to enforce it is highly unlikely.

For example, in my state adultry is technically on the books as being illegal with a jail sentance as punishment, but do you really think cops are going to arrest and the courts prosecute someone for adultry? Not likely. (Although if they did it would probably help the divorce rate.. LoL)

Answer 3

I've wondered that myself. While on the tv guide channel there are often random facts that pop up in the top corner. One recent one was "it is illegal to shoot a rabbit from a boat in Kansas" and I wonder if that pertains, but I suppose it still does. Though I was wondering if the law means it's illegal to shoot AT rabbits from a boat or if it's illegal TO shoot rabbits from a boat (ie-shot from a cannon). Either way it's a strange and quirky rule and I often think of what kind of things happened to make this rule?

Answer 4

depends. if the law is still on the books then yeah. but they could be like the blue laws, where you cant walk your dog on the left side of the road on a Sunday, or you can beat your wife on Saturday, but only on the city hall steps and only if the whip is less than 2 in in diameter

Answer 5

Laws are only good until a new one comes along, usually in the form of case law.

Answer 6

Yes they can . Old law is still law . It can still be relevant in todays society . how ever if there is new law that has been made precedent then the old law wont be relied on ...

Answer 7

If they are still on the books, yes they can. But if it's something silly, a judge may just throw it out.

Answer 8

Technically, yes.

Answer 9

If it's still an active law,YES.

Answer 10

technically, yes