EU Crypto Free Trade Area

[Stephen Doogan]

On 23-Mar-98, Neil Dunbar wrote:
>Brian Gladman wrote:

>In Scots law, there is (I believe) something called 'disuitude' (sp?),
>which seems to correspond to what you describe. If a law is deemed
>through lack of use to be obsolete, then a judge can hold that it is
>no longer applicable. This is to stop people being hanged for stealing
>sheep (of course, in Scotland, the problem isn't *stealing* sheep :) )

Remember Hadrians Wall wasn't built to keep us out, it was built in such as
way as to stop us nicking your sheep cattle and women (apologies to any ladies
reading this).

You are right about the concept of desuitude, but it only applies to act of
the old Scottish Parliament ie. pre-1707 of which a surprising number are
still in force. And only has force, either where there has been a long
standing practice contrary to the old legislation, (such as JamesI's law
against playing football since it was resulting in damage both to individuals
and crops).  It explicitly does not apply to  Acts of the Westminster
Parliament. 


>The criterion that the law has *never* been used doesn't apply: just
>that the law hasn't been used in a long time. I do get the impression
>that Scots judges are more than a little reluctant to apply the principle,
>which seems to me like legal nitroglycerine.

Not really, it's more of a damp squid when it's applicability is considered,
it's really just a doctrine which tidies up Scots law, it's a pity that the
English don't adopt something similar in my opinion 


>NB: This probably translates into Australian law, which is based in
>large part on Scots law.

>Nicholas, can you fill in more detail? Without a copy of Enid Marshall
>to hand, I'm floundering a bit...

Section 3-10 :-)) (at least in the 5th Edition I don't have a more recent copy
handy)

Stephen