The term “blackletter law” is often bandied about in legal circles, but what does it really mean? Put simply, blackletter law is a set of established legal principles that are universally accepted by judges in their rulings.
Blackletter law is a phrase that comes from a more traditional practice, wherein the common law was codified by scholars and published in books with the blackletter typeface that was used to indicate that the law was of definitive importance. Thus, blackletter law is any set of legal rules or principles that have been firmly established by a court or legislature.
Although blackletter law is usually identified with common law, it can also refer to any legal rules and practices that are commonly found in statutes or accepted by the judicial system. This could include regulations or other administrative edicts that have been officially adopted or resolutions adopted by local or state governments.
To provide a more modern example, traffic laws are a form of blackletter law. Although each state may have slightly different regulations regarding exactly how fast one can drive or who can be guilty of a DUI, the general principles that underlie traffic violations, such as a duty to obey traffic signals and speed limits, are universally accepted by the legal system.
It is important to note that blackletter law is distinct from other legal precepts, such as tort law or corporate law, which are subject to interpretation by the court. Blackletter law is simply a set of unquestioned and established rules that everyone must follow – and that judges will refer to in making their rulings.
Bottom Line
In essence, blackletter law is a set of deeply accepted legal principles and practices that are thought to be definitive and that judges can refer back to in making their rulings. Although it usually arises from common law, it can refer to any established legal rules, from traffic laws to administrative edicts, that have been accepted by the judiciary.