Enforcement discretion makes written rules differ from actual practice
Evidence
For example, the maximum speed limit on Interstate 280 in California is sixty-​five miles per hour. This is a legal rule. But the living law—​the actual practice—​is much more complicated. The rule itself does not tell us, for one thing, that people can actu ally drive at seventy, or maybe even seventy-​five, without any risk of arrest. Police do not take the speed limit literally. If, on the other hand, somebody barrels down the road at ninety or ninety-​five, and a police car is around, its siren will scream and the police will come after the speeder. Each type of situation—​whether it is driving a car, buying a house, getting a divorce, or merging two giant corporations—​calls forth a particular interaction between the various elements of the legal system. These ele ments are not just laws, or even laws and institutions; they also include people and their attitudes and behaviors. — Lawrence M. Friedman and Grant M. Hayden, American Law, 55
Categorization
- XREF: Real-world example of discretion in enforcement connects to legal realism and to law-in-action study. — connects to: A rule only counts when enforced in practice — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 54; Agencies now adopt language, size, and plain-writing rules to fix participation barriers — Luke W. Cole and Sheila R. Foster, From the Ground Up: Environmental…, 1100; Enforcement discretion, not statutory text, shapes antitrust law’s meaning — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 477 (+3 more)
- recurring: this claim recurs 2 times within its source
Broader Connections
- Enforcement discretion, not statutory text, shapes antitrust law’s meaning
#expands(0.85) — Lawrence M. Friedman and Grant M. Hayden, American Law, 477 - Discrepancies between military laws and practice had three distinct causes
#exemplifies(0.70)