Black-letter law

Etymology

The phrase derives from the historic blackletter script and typeface that originated in Europe during the Middle Ages. It became particularly associated with English court documents in the 17th century.

Historical usage

'Trite law'

In the 15th-century case of T Pasch, Chief Justice Thomas Bryan described the principle that people cannot be prosecuted for their thoughts alone as "trite law," in the sense that this doctrine was well-established and obvious.

'Black-letter law'

The phrase 'black-letter law' was, in the late 18th and early 19th centuries, used to critique textualists and promote purposive interpretations of evidence.

In 1783, Hervey Redmond Morres, member of the Irish House of Lords, used the phrase during a debate about the legality of the Irish Volunteers militia. He argued that "even if [the militia was] not authorised by... black letter law, they had an higher law for their foundation, self-preservation, that greatest and first of laws." In a 1797 biography of Judge William Murray, English barrister John Holliday praised an instance of Murray applying "common sense against the black-letter-law." That same year, Scottish writer George Chalmers published an essay on the Ireland Shakespeare forgeries that criticised historians who relied on the "black-letter law" of formal records while dismissing contextual evidence.

In the United States, the term was first used in a legal context by the Supreme Court in 1831*.* Justice William Johnson opined: "It is seldom that a case in our time savours so much of the black letter; but the course of decisions in New York renders it unavoidable."

Modern usage

In modern usage, the phrase is used to refer to "well-established legal rules that are certain," and "no longer disputable" or "no longer subject to reasonable dispute."

Synonymous phrases

In the United States, 'black-letter law' is synonymous with the phrases 'hornbook law' or 'settled law.' In Commonwealth jurisdictions, the phrase 'trite law' is used to refer to a legal principle that is obvious or well-established.

Examples

What is considered black-letter law is dependent upon region or jurisdiction. Examples of black-letter law in common law jurisdictions include the fundamentals of contracts, which must have an offer, acceptance, and consideration. The first two elements are similarly required in most civil law jurisdictions; consideration, however, is not.

In federalist countries, what is considered to be black-letter law may also differ by administrative area. In most of Canada, it is "trite law" that an employer is liable for wrongful dismissal when they fire an employee without sufficient notice. However, this is not always the case in Alberta.

References

References

1. Legal Information Institute. (1 May 2020). "Wex: blackletter law".
2. Vault Editions. (22 January 2024). "The Evolution and Origins of Blackletter Typeface: From Medieval Mastery to Modern Adaptations".
3. Tagg, Caroline. (2020-06-08). "Message and Medium: English Language Practices Across Old and New Media". Walter de Gruyter GmbH & Co KG.
4. Haigh, Richard. (24 January 2025). "“It is Trite and Ancient Law”: The High Court and the Use of the Obvious". Federal Law Review.
5. Archive, National Case Law. (2025-08-28). "Brogden v Directors of The Metropolitan Railway Company (1877) 2 App Cas 666".
6. Chalmers, George. (1797). "An apology for the believers in the Shakspeare-papers, which were exhibited in Norfolk-street ..". T. Egerton.
7. (9 December 1783). "House of Lords - Monday, Dec 1". [[News Letter.
8. Holliday, John. (1797). "The life of William late Earl of Mansfield". [[Peter Elmsley (bookseller)]].
9. ''Jackson ex dem. Bradstreet v. Huntington'', 30 U.S. 402, 434 (1831).
10. "Jackson v. Huntington, 30 U.S. 402 (1831)". Justia Law.
11. University of Law. (15 February 2023). "Black letter laws: Do I need them for the SQE solicitor route?".
12. Shiner, Roger A.. (1992). "Norm and Nature: The Movements of Legal Thought". Clarendon Press.
13. Haroun, Fawaz. "Learn Nigerian Law: Trespass to Land".
14. Bukhari, Huzaima. (2018-01-01). "Law Of Binding Precedents".
15. Guthrie, Neil. (8 May 2019). "Trite law".
16. Fixter, Brian. (2023). "Foundations of Canadian Business Law". BCCampus.
17. Intensity Law. (2024-08-13). "Understanding Black Letter Law: The Basics".
18. Inoue, Aoi. (8 September 2023). "Know How Construction Arbitration 2023".
19. Boardman, Charlotte. (2013-12-19). "Considering consideration : a critical and comparative analysis of the doctrine of consideration in the Anglo-Canadian common law". Graduate Theses and Dissertations.
20. Buchanan, Dennis D.. (2019-10-02). "Defining Wrongful Dismissal: The Alberta Schism". Alberta Law Review.