Legal Definitions - jus ex non scripto

Jus ex non scripto is a Latin legal term that translates to "law from the unwritten." It refers to legal principles, rules, or rights that derive their authority not from formal written statutes or legislation passed by a governing body, but from long-standing customs, traditions, societal practices, or judicial decisions that have evolved over time. Essentially, it describes law that is recognized and enforced even though it has not been formally codified in a written document.

• Example 1: The Principle of Negligence in Common Law

  In many legal systems, particularly those based on common law, fundamental concepts like the "duty of care" in negligence cases were not initially created by a specific law passed by a legislature. Instead, this principle evolved over centuries through numerous court judgments. Judges, in deciding individual cases, gradually established and refined the idea that individuals have a responsibility to act reasonably to avoid causing harm to others. This judicial development of a legal principle, based on societal expectations and fairness rather than a foundational written statute, is a prime example of jus ex non scripto.

• Example 2: Local Customary Rights to Access Land

  Imagine a rural community where, for generations, residents have followed an unwritten but universally respected custom of using a specific path across private land to access a communal fishing pond. This custom is not recorded in any property deed or local ordinance. If a new landowner attempts to block this traditional path, a court might recognize this long-standing, unwritten custom as a legally binding right, even though it's not formally documented. The court's decision to uphold this customary practice as law demonstrates the application of jus ex non scripto.

• Example 3: Established Trade Usages in Commercial Contracts

  Consider a specialized industry, such as the wholesale produce market, where transactions often occur rapidly with minimal written contracts. There might be widely accepted, unwritten practices regarding the acceptable quality of goods, payment schedules for perishable items, or methods of delivery. If a dispute arises between two traders over a term not explicitly stated in their brief written agreement, a court might refer to these established, unwritten industry customs to determine the parties' obligations. The court's reliance on these unwritten trade usages to interpret and enforce a commercial agreement illustrates jus ex non scripto.