BLACK LETTER LAW Meaning and
Definition
-
Black letter law refers to the established principles, doctrines, or rules of law that are widely accepted and considered to be well-settled. It encompasses the fundamental and pervasive legal concepts that have been historically recognized and consistently applied in a specific jurisdiction or legal system. The term "black letter" derives from the use of bold, black typeface traditionally employed in legal texts to signify the most important or fundamental aspects of the law.
Black letter law can be found in judicial opinions, statutes, regulations, and legal treatises, serving as the foundation upon which legal arguments are built. It represents the traditional legal framework that guides judges, lawyers, and legal scholars in interpreting and applying the law. As an authoritative and reliable source of legal principles, it is often invoked to resolve legal disputes and serves as a starting point for legal analysis.
Typically, black letter law is characterized by its clarity, certainty, and predictability. It embodies long-standing legal principles that have stood the test of time and are widely recognized by legal professionals. However, as legal systems evolve and change, black letter law can be subject to reinterpretation or modification through legislation or judicial decisions. While it provides a sturdy base for legal analysis, it is not inflexible and can be adapted to reflect societal changes, shifts in public policy, or emerging legal trends.
