Unwritten Law

Unwritten law

Unwritten law in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

The municipal laws of England are: (1) the unwritten or common law, which includes customs, general and particular, and particular laws. General customs, or the common law properly so called, are founded on immemorial universal usage, whereof judicial decisions are the evidence. Particular laws are such as, by special custom, are adopted and used only in particular courts, and under the control of the common and statute laws; namely, the Roman civil and Canon [church] laws.

Note: This legal definition of Unwritten law in the Dictionary of Law (English and American Jurisprudence) is from 1893.


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Meaning of Unwritten Law or Lex Non Scripta in the Past

All the laws which do not come under the definition of written law; it is composed, mainly, of the law of nature, the law of nations, the common law and customs.[1]


Notes and References

  1. Partialy, this information about unwritten law or lex non scripta is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including unwritten law or lex non scripta.

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