Legal Definitions - preterlegal

The term preterlegal describes something that exists or operates outside the scope of established legal rules or regulations. It refers to an area or activity that the law does not currently address, govern, or formally recognize. It is distinct from something being illegal (which violates a law) or legal (which is permitted or regulated by law); instead, it occupies a space where the law simply has not yet extended or does not apply.

• Example 1: Early Cryptocurrency Transactions

  When cryptocurrencies like Bitcoin first emerged, many countries lacked specific laws defining them as property, currency, or securities. There were no established legal frameworks for their exchange, ownership, or taxation. Individuals could buy, sell, and trade these digital assets, and while these activities weren't explicitly forbidden, they also weren't explicitly regulated or recognized by existing financial or property laws. This made early cryptocurrency transactions largely preterlegal, existing and functioning in a space beyond the then-current legal definitions and regulations.

• Example 2: Informal Community Agreements

  Consider a neighborhood where residents have an unwritten agreement to share a communal garden space, including rules about who tends which plot, how water is shared, and when tools can be borrowed. This agreement is based on mutual understanding and social norms, not a formal contract or local ordinance. While these rules are respected and followed by the community members, they are preterlegal. If a dispute arises, there is no legal recourse to enforce these unwritten rules because they fall outside the scope of formal property law or contract law.

• Example 3: Cutting-Edge Scientific Research

  Imagine a team of scientists developing a highly experimental medical procedure that uses novel biological components and techniques. This procedure is being conducted within a research laboratory under strict ethical guidelines for scientific inquiry, but it has not yet undergone the extensive clinical trials and regulatory approval processes required for widespread medical application. The research itself is not illegal, but its potential application outside of the controlled research environment would be preterlegal, as there are no specific laws or regulations yet in place to govern its use in general medical practice.