lex non scripta


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lex non scripta

(nɒn ˈskrɪptə)
n
(Law) the unwritten law; common law
[from Latin]
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2) The Framers themselves, we are told, understood constitutional rights in unwritten, natural-law terms, (3) drawing on the English lex non scripta and "ancient constitution" traditions (4) passed down to them by Blackstone and others.
Long before legal positivism, Bracton wrote that "law derives from nothing unwritten," (7) and it always has been possible to view America's written Constitution as a renunciation of the lex non scripta tradition.
The lex non scripta always was this way; the assertedly unwritten law always was expressed and elaborated in judicial reasoning.