Lex scripta is a Latin expression that means "written or statutory law". It is in contrast to lex non scripta, customary or common law. The term originates from the Roman legal tradition. Emperor Justinian divided the lex scripta into several categories:Statutes Plebis…
What is Lex scripta?
Plebiscita
Senatorial decrees
Decisions of the Emperors
Orders of the magistrates
Answers of jurisconsults
Key takeaways
- Lex scripta means written law.
- It contrasts with unwritten customary law.
- Originates from Roman legal tradition.
In plain English
Lex scripta refers to laws that are officially written down and enacted, such as statutes. This concept stands in contrast to unwritten laws that develop through customs and judicial decisions. In essence, it's about laws that are formally documented and recognized by authorities, ensuring clarity and consistency in legal matters.
Examples
Scenario: Maria receives a ticket for speeding and wants to contest it.
Outcome: She can refer to the written traffic laws to argue her case.
Scenario: James is accused of theft but claims he didn't commit the crime.
Outcome: He can defend himself by examining the written statutes on theft.
Frequently asked questions
What is lex scripta?
Lex scripta refers to written laws that are formally enacted and documented, as opposed to customary laws.
Why is lex scripta important?
It provides clarity and consistency in the legal system, ensuring everyone knows their rights and responsibilities.
How does lex scripta differ from unwritten law?
Lex scripta is based on formal statutes, while unwritten law arises from customs and judicial decisions.