Kara Sears
In the UK, the term black letter law is synonymous with trite law. It refers to well-established legal rules and case laws that are no longer subject to reasonable dispute. Black-letter law can be contrasted with unsettled legal issues or legal theory. In other words, they are the basic principles of law generally accepted by the courts and embodied in the statutes of a particular jurisdiction. For example, that the formation of a contract requires consideration, or that the registration of a trademark requires established use in the course of trade.
| Characteristics | Values |
|---|---|
| Definition | Well-established legal rules and case laws that are no longer subject to reasonable dispute |
| Synonyms | Hornbook law, trite law |
| Examples | Formation of a contract requires consideration; registration of a trademark requires established use in the course of trade |
| Application | Used in common law legal systems, such as in the UK, Canada, and previously in the US |
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What You'll Learn
Core legal principles in England and Wales
Black-letter law refers to well-established legal rules that are no longer subject to reasonable dispute in common law legal systems. In the United Kingdom, a synonymous term is "trite law".
In England and Wales, the law is comprised mainly of criminal law and civil law, each with its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system.
The rule of law is one of the longest-established common law fundamental principles of the governance of England and Wales, dating back to the Magna Carta of 1215. It evolved to work alongside the equal application of the law to all free people and within the framework of the constitutional monarchy to support the legal doctrine of parliamentary sovereignty.
- The government acting within its legal authority
- The independence of the judiciary
- The principles of natural justice (an unbiased judiciary)
- Judicial review of implementation
- Accessible courts
- No perversion of the law by policing discretion
- The law being accessible, intelligible, clear, and predictable
- Questions of legal right and liability being resolved by the application of the law and not the exercise of discretion
- The equal application of the law to all, except where objective differences justify differentiation
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Common law
In the UK, black-letter law refers to well-established legal rules that are no longer subject to reasonable dispute. It is a term used in common law legal systems. Common law is a term with historical origins in the legal system of England. English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law. Common law is made by sitting judges who apply both statutory law and established principles derived from the reasoning from earlier decisions.
In contrast to civil law systems, which are codified, common law is more flexible. Countries with civil law have comprehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offence. Common law can be amended or repealed by Parliament. However, most of its criminal law has been codified from its common law origins, in the interests of certainty and ease of prosecution.
An example of a black-letter law is that the formation of a contract requires consideration. This is a fundamental and well-accepted legal principle that does not require any further explanation.
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Academic law subjects
In the United Kingdom, black-letter law refers to fundamental and well-accepted legal principles that are no longer subject to reasonable dispute. These principles are established in legislation or case law and are ascertainable from printed sources. They are considered the core legal principles of the law in England and Wales.
Black-letter law is often taught in academic law subjects, which are typically not covered in a law degree or on a law conversion course. These academic law subjects include crime, equity, tort, contract, constitutional and administrative law, land, and legal system.
For example, a student of academic law may study "The Restatement (First) of Contracts" or "The Restatement of Agency", which are considered academic texts that distil the common law on various subjects. These texts are divided into sections that summarise basic rules on an aspect of the law, such as contracts or agency.
When preparing for the Solicitors Qualifying Examination (SQE) 1 and 2, a good knowledge of black-letter law is considered imperative. The SQE exams assess functioning legal knowledge, and candidates are expected to apply these core legal principles to different subject areas. While the focus is on applying these principles rather than analysing the law itself, the black-letter law component is considered challenging and carries significant weight in the overall exam.
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Legal theory
In the legal context, black-letter law refers to fundamental and well-accepted legal principles that are no longer subject to reasonable dispute. These principles are considered basic and elementary, and form the core legal principles of the law in England and Wales. They are highly relevant to people's everyday lives as they set out the key principles upon which legal decisions are made and how legal transactions can progress.
Black-letter law can be contrasted with legal theory or unsettled legal issues. While black-letter law refers to established legal principles, legal theory involves the interpretation and analysis of these principles and their application to specific situations. It involves exploring the underlying principles, values, and policies that inform the law and guide its development. Legal theory provides a framework for understanding the law and can inform judicial decision-making and legislative reform.
For example, in the context of contract law, a basic principle of black-letter law is that a contract is an agreement between parties. Legal theory would then explore the specific components of this principle, such as the elements of a valid contract, the requirements for formation, and the circumstances in which a contract may be enforceable or void. It would also consider the underlying policies and objectives of contract law, such as ensuring fairness and protecting parties' rights.
Additionally, legal theory may involve evaluating different legal doctrines and approaches to resolving legal issues. For instance, in the context of tort law, legal theory may involve a discussion of the merits and criticisms of different theories of negligence, such as the traditional "but-for" test versus the more recent "material contribution" test.
Overall, while black-letter law provides the foundational principles of the law, legal theory delves into the underlying rationales, applications, and implications of these principles, contributing to the evolution of the law and legal understanding.
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Legal transactions
In the UK, black-letter law refers to the well-established legal rules and case laws that are no longer subject to reasonable dispute. They are the core legal principles generally accepted by the courts and/or embodied in the statutes of a particular jurisdiction. These laws are often referred to as "hornbook law" or "trite law".
Black-letter law is highly relevant to people's everyday lives, as they set out the key principles upon which legal decisions are made and how legal transactions can progress. For instance, black-letter law dictates that the formation of a contract requires consideration or that the registration of a trademark requires established use in the course of trade.
Black-letter law is especially important for legal professionals, such as solicitors, to understand and apply in their practice. A thorough knowledge of black-letter law is essential for solicitors to successfully advise and represent their clients in various legal matters.
For example, in the context of workplace disputes, a solicitor well-versed in black-letter law can help clients who have been treated unfairly, bullied, harassed, unfairly dismissed, or discriminated against. They can guide their clients through the legal process, ensuring their rights are protected and a fair resolution is achieved. Similarly, in domestic issues or disputes with public authorities, knowledge of black-letter law enables solicitors to provide effective support, advice, and representation to families.
Overall, black-letter law forms the foundation of legal knowledge and plays a crucial role in shaping legal transactions and outcomes, ensuring fairness, transparency, and justice for individuals and organisations alike.
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Frequently asked questions
Black letter law refers to well-established legal rules and case laws that are no longer subject to reasonable dispute. These laws are considered to be fundamental and well-accepted legal principles that do not require any further explanation.
The term "black letter" may refer to the traditional practice of setting law books and citing legal precedents in blackletter type, which survived long after other printed works switched to Roman and italic text.
Examples of black letter law include the principle that the formation of a contract requires consideration, and that the registration of a trademark requires established use in the course of trade. Additionally, black letter law is practiced by a UK-based legal firm named Black Letter Law® that provides legal services and support to clients.
