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KembaraXtra – Legal Terms – Lex Non Scripta
Lex non scripta means “unwritten law” and traditionally refers to the common law, as opposed to statutory law enacted by Parliament. It reflects a system developed through judicial decisions and long-standing customs.
Although common law is now recorded in written judgments and law reports, the term originates from a time when legal principles were not formally documented. Instead, they were passed down through practice and precedent.
The phrase highlights the historical distinction between law derived from custom and case law, and law created through formal legislation. It remains a useful conceptual distinction in legal theory.
Lex non scripta means “unwritten law” and traditionally refers to the common law, as opposed to statutory law enacted by Parliament. It reflects a system developed through judicial decisions and long-standing customs.
Although common law is now recorded in written judgments and law reports, the term originates from a time when legal principles were not formally documented. Instead, they were passed down through practice and precedent.
The phrase highlights the historical distinction between law derived from custom and case law, and law created through formal legislation. It remains a useful conceptual distinction in legal theory.
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