- Dumb laws
-
Dumb laws, also weird, strange, or unnecessary laws, are laws that are perceived to be useless, no longer applicable (in regards to current culture or modern law), or humorous. There are relatively few real "dumb laws" on the books, but large amount of hoax or exaggerated dumb laws are circulated on the internet and in the print media.[1] Common characteristics of these laws are prohibitions against seemingly benign behaviors (for example it is claimed that in California "bathhouses are against the law" [2]) or prohibitions against acts that one is realistically unlikely to carry out (such as an Arizona law prohibiting hunting camels, while camels are not native to North America .[3]). In reality, California only bans bathhouses that encourage sex, in order to prevent the spread of AIDS [4] and the Arizona law was designed to deal with aftereffects of a failed army experiment to use camels as a military animal.[5]
Several books have been written and numerous websites exist on the internet purporting to list "dumb laws" in various jurisdictions (see "External links" section). The "dumb laws" are also often circulated via e-mail chain letters. However, two books, You May Not Tie an Alligator to a Fire Hydrant: 101 Real Dumb Laws and The Book of Strange Laws and Curious Legal Oddities, appear to have been vetted for accuracy.
There are two main reasons that references to false or inaccurate laws may persist:
1) exaggeration or misinterpretation of real provisions of law, and 2) common law cases.
(1) Some of the purported "dumb laws" have no basis in reality, or are an exaggeration of real laws. For example a reasonable law about the preservation of rare cactus species [6] may be presented as humorous statement that "There is a possible 25 years in prison for cutting down a cactus.".[7] The minor phenomenon's popularity is attested to by existing websites that generate the "dumb laws" at random.[8]
(2) Reports about 'dumb' laws often originate from case rulings issued in common law countries. The reason is that the court decision on a particular case may, for example, state that a dog-owner has to pay damages to his neighbours because his dog keeps barking at night and repeatedly disrupts their sleep. When taken out of the context, the 'dumb law' appears: "Dogs may not bark after 6 PM". Since in common law systems decisions of certain courts become precedents, such ruling is formally also included in the legal system and is considered a source of law.
Local communities often express concern when their laws get cited on one of the lists on the internet, and see it as a cause to change the law.[9]
Contents
Examples
Some laws have been revealed as hoaxes:
- The law that claims that "sorority houses are illegal since more than a certain number of single females living together constitutes a brothel" has been debunked as fake.[10]
Some laws are however real and still exist on the books:
- In New Orleans it is prohibited by the fire code to curse a fireman when he is engaged in his official duties.[11]
- In Tennessee duelists, preachers and atheists are not allowed to be elected to public office.[12] However this law is unconstitutional under the first amendment and would not be enforceable in practice.[citation needed]
- In Washington state, there is a law that 'a motorist with criminal intentions [must] stop at the city limits and telephone the chief of police as he is entering the town.'[13]
- In Chester, England, any Welshman caught within the city walls after sunset may be shot with a longbow.[14][15]
- It is legal for a betrayed wife in Hong Kong to kill her adulterous husband, but only with her bare hands. She may, however, kill her husband's mistress in any way she pleases.[16]
- Every university in New Zealand is entitled to 1 pound of uranium, and 1 pound of thorium, for experimentation.[17] However, there is a fine of $1 million for letting off nuclear explosions.[18]
Dumb laws in popular culture
In The Seven-Beer Snitch, an episode of The Simpsons, the police are ordered to fill the jails. They arrest Homer Simpson for violation of a dumb law on the books which states that in Springfield tin cans may not be kicked more than five times, as it would constitute "illegally transporting litter." Ironically, Homer was kicking the can out of frustration for being denied employment as a guard at the very same prison he was sent to for violating the law.
The comic character Jughead Jones has had an occasional appearance as Professor Jughead, when he presents various weird laws.
References
- ^ For example, Reynolds, Patrick; Susan Dach (1993). Donkeys Can't Sleep in Bathtubs and Other Crazy Laws. [Mahwah, N.J.]: Watermill Press. ISBN 0-89375-264-9. among others.
- ^ Dumb Laws in California. Crazy California Laws. We have blue laws, old laws, and just plain weird laws!
- ^ Dumb Laws in Arizona. Crazy Arizona Laws. We have blue laws, old laws, and just plain weird laws!
- ^ WAIS Document Retrieval
- ^ Motor Transport Corps
- ^ 3-906 - Collection and salvage of protected plants; procedures, permits, tags and seals; duration; exception
- ^ Dumb Laws in Arizona. Crazy Arizona Laws. We have blue laws, old laws, and just plain weird laws!
- ^ Program generating random "dumb laws"
- ^ Article In the Columbian newspaper[dead link]
- ^ Urban Legends Reference Pages: Brothel Laws Ban Sorority
- ^ Chapter 74, Article I, Sec. 74-2[dead link]
- ^ http://www.tncrimlaw.com/law/constit/IX.html
- ^ Capella (2006). "Laughable Laws". Fascinating Facts & Curious Questions. Incredible. p. 41. ISBN 1-84193-495-X.
- ^ http://www.chesterwiki.com/Shooting_the_Welsh!
- ^ Holmes, David (Jun 30 2006). "If elected, I will make it illegal to shoot Welshmen". Chester Chronicle (icCheshireOnline). http://iccheshireonline.icnetwork.co.uk/0100news/0100regionalnews/tm_objectid=17316175&method=full&siteid=50020&headline=if-elected--i-will-make-it-illegal-to-shoot-Welshmen-name_page.html. Retrieved 21 December 2010.
- ^ Capella (2006). "Laughable Laws". Fascinating Facts & Curious Questions. Incredible. p. 51. ISBN 1-84193-495-X.
- ^ http://www.legislation.govt.nz/act/public/1945/0041/latest/DLM239284.html#DLM239284
- ^ http://legislation.govt.nz/act/public/1999/0010/latest/DLM20105.html?search=ts_act_nuclear_resel&p=1#DLM20105
External links
Categories:- Internet memes
- Jurisdictions
- Legal codes
- Legal terms
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