Black letter

Black letter law refers to the basic principles of law that are accepted by a majority of judges in most states. The term comes from the practice of the law books printers in England publishing laws in a Gothic script which was also used in the Germanic language and was known as black letter.

Origin

The term "black letter" originated from the Gothic script used by printers in England. The script was dense and dark, hence the name "black letter". This script was used in the printing of many legal texts, which led to the term being associated with the law.

Usage

In legal studies, black letter law is the term often used to refer to basic laws that are rarely disputed or questioned. These are the fundamental laws that have been established by a series of court decisions and statutes over time. They are often taught in the first year of law school as the foundational principles upon which the rest of law is built.

Examples

Examples of black letter law include the laws against murder, theft, and arson. These laws are well-established and are rarely subject to interpretation or dispute. Other examples include the principles of contract law, such as the requirement for consideration, or the principles of constitutional law, such as the First Amendment's protection of freedom of speech.

Criticism

While black letter law provides a solid foundation for legal education, it has been criticized for its lack of flexibility. Some legal scholars argue that it does not allow for the evolution of law and does not take into account the complexities of modern society. Others argue that it is too rigid and does not allow for the interpretation of laws in light of changing societal norms and values.

See also

• Case law
• Statutory law
• Common law
• Legal education