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Lex Non Scripta

Unwritten law; the common or custom law; as opposed to lex scripta.

Matthew Hale wrote, in The History of the Common Law of England and An Analysis of the Civil Part of the Law (London: Henry Butterworth, Law-Bookseller, 1820):

"... when I call those parts of our laws (lex) non scripta, I do not mean as if those laws were only oral, or communicated from the former ages to the later, merely by word; for all those laws have their monuments in writing, whereby they are transfered from one age to another, and without which they would soon lose all kind of certainty; for as the civil ... laws have their ... determinations extant in writing; so those laws of England which are not comprised under the titles of acts of parliament, are for the most part extant in records of pleas, proceedings and judgments; in books of reports and judicial decisions; in tractates of learned men's argument and opinions, preserved from antient (sic) times, and still extant in writing."

Traditionally distinguished from lex scripta.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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