what makes law differ from those on the books to those in action. don't all laws have an action component?
Here's an example for you -- not from criminal law, but you should be able to draw some parallels.
What if a state passes a new law establishing a master-teacher level in the public schools, including how someone might reach this status, what his/her duties might be, how much he/she would be paid (noticeably more than "regular" teachers), etc. -- but the state doesn't also figure out how to fund such positions. The school districts and the counties can't afford to pay for such positions. So ... would that position ever be established in reality? (Would that law every be put into action?)
Should be ~~> (Would that law ever be put into action?)
The difference between laws on the books and those in action lies in the implementation and enforcement of the law. While all laws have an action component, it does not necessarily mean that they are consistently followed or effectively enforced.
Laws on the books refer to the statutes, regulations, or policies that are officially enacted by legislative bodies, such as parliaments, congresses, or local governments. These laws are typically written down and published in legal codes or other official documents.
However, the mere existence of a law does not guarantee its effective implementation and enforcement. Laws may face various challenges in being put into action, which can result in a difference between what is prescribed in the law and what is actually practiced.
There are several factors that can contribute to this difference:
1. Lack of awareness: People may be unaware of certain laws or their specific provisions, which can result in noncompliance or ignorance of the law.
2. Limited resources: Adequate resources, including funding, personnel, and infrastructure, are necessary for the effective enforcement of laws. Insufficient resources can hinder the enforcement process, leading to gaps between what the law prescribes and what is actually enforced.
3. Interpretation and discretion: Laws are often subject to interpretation by law enforcement agencies, courts, and individuals involved in the legal system. This interpretation can influence how the law is applied, leading to variations in enforcement.
4. Corruption and inefficiency: In some cases, corruption and bureaucratic inefficiencies can undermine the implementation and enforcement of laws. This can result in selective enforcement or the disregard of certain laws altogether.
5. Changing societal norms and values: Laws might not always align with the prevailing social norms or values of a society. In such cases, people may choose to ignore or resist the law, resulting in a gap between the law on the books and its practical application.
To bridge the gap between laws on the books and those in action, it is crucial to address these factors by ensuring public awareness, providing necessary resources, promoting transparency and accountability, and engaging in ongoing evaluation and reform of the legal system.