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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - law in books
Definition of law in books
The term law in books refers to the formal rules, statutes, and legal principles as they are officially written down and documented in legal texts. This includes laws enacted by legislatures, regulations issued by government agencies, and the published decisions of courts that establish legal precedents. Essentially, it represents the theoretical or ideal version of the law, as it exists in official records and scholarly works, distinct from how it might be applied or experienced in real-world situations.
Here are some examples to illustrate law in books:
Imagine a state legislature passes a new statute requiring all employers to provide a specific number of paid sick days per year. The exact wording of this statute, detailing the eligibility criteria, the number of days, and any penalties for non-compliance, as it appears in the official state code, is an example of law in books. It's the written, codified rule that dictates what employers are legally obligated to do.
Consider a landmark Supreme Court decision that reinterprets a clause in the Constitution, establishing a new standard for freedom of speech. The detailed written opinion of the justices, outlining their reasoning, the legal precedents they considered, and the new legal test they created, as published in official court reporters, constitutes law in books. This document serves as a binding legal authority for future cases.
A federal agency, such as the Food and Drug Administration (FDA), publishes a comprehensive set of regulations outlining the specific requirements for labeling nutritional information on food products. These detailed rules, specifying font sizes, ingredient order, and allergen warnings, as found in the Code of Federal Regulations, are an instance of law in books. They are the precise, written instructions that companies must follow to comply with federal food safety standards.
Simple Definition
“Law in books” refers to the legal rules, statutes, and doctrines as they are formally written and recorded in legal texts, such as codes, statutes, and court opinions. This concept is often contrasted with "law in action," highlighting the potential difference between how laws are written and how they are actually applied and experienced in practice, a distinction central to legal realism.