Lex scripta (plural: leges scriptae) is a Latin expression that means "written or statutory law". It is in contrast to lex non scripta, customary or common law. The term originates from the Roman legal tradition. Emperor Justinian divided the lex scripta into several categories:
- Statutes (laws passed by the senate)
- Plebiscita (laws passed by the plebeian council)
- Senatorial decrees
- Decisions of the Emperors
- Orders of the magistrates
- Answers of jurisconsults
Lex scripta has a lasting effect that can define a legal tradition for a culture such as that found in the Corpus Juris Civilis, Magna Carta, Tang Code, or a country's constitution.
United Kingdom and the United States
In the United Kingdom, and later, the United States, Lex Scripta refers to the body of statutory law that amends or changes the common law, especially when effecting common law marriage and other customs.1 Traditionally, English law, up through the 19th century, was divided into Lex non scripta (common law and customs) and Lex scripta ("written and statute law"), with the Magna Carta being the oldest of the latter.2
References
References
- Mordecai, Samuel Fox (1905). Lex Scripta: A Condensed Summary of the Most Important Acts of Parliament Governing the Subjects Treated of in First and Second Blackstone, with References to the Statutes of North Carolina Covering the Same Ground that Such Acts of Parliament Cover. Retrieved 5 August 2025.
- Brewster, Frederick Carroll (1887). Blackstone's Commentaries for American Students in the Form of Questions and Answers: Prefaced by Questions and Answers on the Introduction to Robertson's Charles V, Together with a Note on the Rule in Shelley's Case as Applied to Pennsylvania. pp. 23–25. Retrieved 5 August 2025.