The spelling of "unwritten law" may seem straightforward, but the pronunciation can be tricky. In IPA phonetic transcription, it is pronounced as /ʌnˈrɪtn lɔː/. The "un-" prefix denotes negation or the absence of something, while "written" refers to something that has been put into written form. "Law" corresponds to a set of rules enforced by a governing authority. This phrase can be used to describe customs or practices that are not formally written into law but are still enforced or followed.
Unwritten law refers to a set of rules or principles that are not specifically recorded or codified in written form but are widely accepted and enforced by a society or a particular group. It denotes the social norms, customs, and traditions that guide human behavior and interactions, even though they are not formally enacted or legislated. Unwritten laws are often deeply rooted in the culture and history of a community, shaping the moral and ethical guidelines upheld by its members.
These unwritten laws may include a wide range of practices and expectations that govern various aspects of life, such as relationships, etiquette, and social conduct. They are instilled from an early age through observation, learning, and socialization, becoming an integral part of an individual's upbringing and identity. Although they may vary from one society to another, unwritten laws provide stability, order, and cohesion within a community, contributing to social harmony and cooperation.
Unwritten laws are typically maintained through informal means, such as peer pressure, social sanctions, and shared values. Deviation from these unwritten laws may lead to social disapproval, ostracization, or other forms of punishment, as individuals are expected to conform to the established norms and expectations of their community. While they may not possess the binding force of legal statutes, unwritten laws carry significant influence in shaping collective behavior and can often hold individuals accountable for their actions.
The common law, or that law which has been established by usage.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The term "unwritten law" originated from English common law and dates back to the 16th century. The word "unwritten" refers to the fact that these laws were not formally codified or written down, but were instead based on established customs, traditions, and societal norms. It also signifies that they were not enacted by legislative bodies but were understood and followed by virtue of their longstanding acceptance and general practice. These unwritten laws were seen as fundamental principles of justice and equity, forming the basis for legal decisions in the absence of specific written statutes.