Tim Wu has an interesting series of posts on how laws are quite different in theory and practice. Specifically, he talks about how lots of laws – important laws – are not enforced, resulting in a world that operates rather differently that what you would expect based on a strict reading of the existing laws. He takes some great examples from copyright law, pornography, legal (prescription) drugs, to argue that sometimes, it is not the congressmen and courts that are making the laws, but rather a de facto standard that emerges out of the actions of various public prosecutors, police, and juries that really determines what is “legal”. (Had you thought of the rule of law in this way? I hadn’t!)
Long, but definitely worth reading. Link.