Expressive function of law

In today's world, Expressive function of law has become a topic of constant debate and reflection. Its relevance covers different areas of society, from politics to culture and technology. Over time, Expressive function of law has demonstrated its influence and its ability to generate significant changes in various areas. Opinions on this matter are varied and often polarized, which demonstrates the importance of addressing this issue objectively and with a multidisciplinary approach. In this article, we will explore the different facets of Expressive function of law and its impact today, analyzing its evolution over time and its projection into the future.

The expressive function of law is the effect of law to create or validate social norms beyond the fear of punishment. For example, the criminalization of homosexuality may be maintained in order to express disapproval of homosexuality, even if it is not regularly enforced.

See also

  • Unenforced law, a law which is formally in effect, but is usually not penalized by a jurisdiction
  • Victimless crime, an illegal act which harms only the perpetrator(s)

References

  1. ^ McGinn, Thomas A. (2015). "The Expressive Function of Law and the Lex Imperfecta". Roman Legal Tradition. 11: 1.
  2. ^ Funk, P. (2007). "Is There An Expressive Function of Law? An Empirical Analysis of Voting Laws with Symbolic Fines". American Law and Economics Review. 9 (1): 135–159. doi:10.1093/aler/ahm002.
  3. ^ Goodman, Ryan (2001). "Beyond the Enforcement Principle: Sodomy Laws, Social Norms, and Social Panoptics". California Law Review. 89: 643–740. doi:10.2307/3481180. JSTOR 3481180.

Further reading