Black letter law

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The black letter law refers to the basic standard elements for a particular field of law, which are generally known and free from doubt or dispute. It may, for example, be the standard elements for a contract or the technical definition of battery.

The phrase does not come from association with Black's Law Dictionary, which was first published in 1891. A quick search of legal databases turns up Naglee v. Ingersoll, 7 Pa. 185 (1847) where the phrase "black-letter law" is used. There is also a U.S. Supreme Court case, Jackson ex dem Bradford v. Huntington, 30 U.S. 402, 432 (1831) that uses the phrase "black letter" in the same sense as black letter law: "It is seldom that a case in our time savors so much of the black letter, but the course of decisions in New York renders it unavailable . . ."

The phrase definitely refers to a distillation of the common law into general, commonly accepted legal principles. You can see this in the quote above from the Supreme Court where the Court is noting that while the black letter law is clear, New York precedent deviates from the general principles.

The phrase is nearly synonymous with the phrase "horn book law". There are a number of very venerable legal sources that distill the common law on various subjects known as Restatement of the Law. The specific titles will be "The Restatement (First) of Contracts" or "The Restatement of Agency" etc. Each of these volumes is divided into sections that begin with a text in boldface that summarizes a basic rule on an aspect of the law of contracts, agency etc. This "restatement" is followed by commentary and examples that expand on the principle stated.

At least in English law, black letter law is a term used to describe those areas of law characterised by technical rules, rather than those areas of law characterised by having a more conceptual basis. Contract, tort and land law are typical black letter law subjects, whereas administrative law, for example, would be considered considerably less black letter.