Legal Definitions - blackletter law

Blackletter law refers to the fundamental, long-standing, and widely accepted legal principles that form the bedrock of a particular area of law. These are rules that are so well-established and free from doubt that they are rarely disputed in court and are considered foundational truths within the legal system. They represent the core, indisputable concepts that legal professionals learn as the basic building blocks of legal understanding.

Here are some examples illustrating blackletter law:

• The Presumption of Innocence in Criminal Law: In many common law systems, a person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. This is a quintessential example of blackletter law because it is a deeply ingrained, universally accepted principle that forms the very foundation of criminal justice. It is not a rule that judges or lawyers typically debate; rather, it is a fundamental starting point for any criminal proceeding.

• A Property Owner's Right to Exclude Others: The principle that an owner of private property generally has the right to prevent others from entering or using their property without permission is a core concept in property law. While there can be specific exceptions (like easements or public access rights), the fundamental right to exclude is a well-settled and undisputed legal truth. It's a basic tenet taught in introductory property law courses and forms the basis for many property disputes.

• Limited Liability for Corporate Shareholders: A foundational concept in corporate law is that shareholders of a corporation are generally not personally responsible for the corporation's debts or liabilities beyond the amount of their investment. This principle of "limited liability" is a cornerstone of modern business and has been firmly established for centuries. It's a blackletter rule because it's a fundamental, undisputed legal characteristic of the corporate form, essential for understanding how businesses operate and are structured legally.