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Legal Definitions - lex scripta

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Definition of lex scripta

Lex scripta refers to law that has been formally written down and enacted by a legislative body or other authorized government entity. It stands in contrast to unwritten law, which might derive from custom, tradition, or judicial precedent without a specific legislative act. Essentially, it is law that you can find codified in statutes, regulations, or constitutions.

  • Example 1: State Vehicle Code

    A state's Department of Motor Vehicles publishes a comprehensive vehicle code detailing speed limits, parking restrictions, and requirements for vehicle registration. This code is regularly updated by legislative acts.

    This vehicle code is a prime example of lex scripta because it consists of laws formally written down, passed by the state legislature, and codified into official statutes. Citizens can refer to these explicit written rules to understand their obligations and rights on the road, rather than relying on unwritten customs or traditions.

  • Example 2: Federal Tax Law

    The United States Congress passes a new tax reform bill, which is then signed into law by the President and incorporated into the Internal Revenue Code. This code specifies income tax rates, deductions, and credits for individuals and corporations.

    The Internal Revenue Code, including any new legislation, represents lex scripta. It is a vast collection of laws that have been formally drafted, debated, voted upon by a legislative body (Congress), and then officially published. Its authority comes directly from these written enactments, not from long-standing societal practices or unwritten agreements.

  • Example 3: Local Zoning Ordinances

    A city council passes a new ordinance that restricts the height of buildings in residential areas to two stories and designates certain zones for commercial use only. These rules are published in the city's municipal code.

    These zoning ordinances are a clear instance of lex scripta. They are specific rules that have been formally written, approved by the city's legislative body (the city council), and compiled into an official municipal document. Property owners and developers must adhere to these explicit written regulations, which supersede any informal neighborhood customs regarding construction or land use.

Simple Definition

Lex scripta is a Latin term meaning "written law." It refers to law that has been formally enacted and codified through statutes, codes, or constitutions, rather than evolving from unwritten custom or usage.