Omar Bennett
The Restatements of the Law are a set of treatises on legal subjects that are meant to inform judges and lawyers about the general principles of common law. They are not binding but are considered persuasive and are often adopted by courts. The Restatements restate existing common law into a series of principles or rules, and each section includes a black-letter principle, comments, illustrations, and reporters' notes. The Restatements have been cited in over 150,000 reported court decisions and are considered one of the most respected and well-used sources of secondary authority. They cover a wide range of legal topics, including civil litigation, bankruptcy, and criminal law. The Restatements are published by the American Law Institute (ALI), an organization of judges, legal academics, and practitioners founded in 1923. The ALI's goal is to distil the black letter law from cases and indicate trends in common law. The Restatements are unique to common law jurisdictions in the United States, where they play a crucial role in unifying the law and providing guidance to the legal community.
| Characteristics | Values |
|---|---|
| Definition | A set of treatises on legal subjects that inform judges and lawyers about general principles of common law |
| Publisher | American Law Institute |
| Nature | Not binding authority but potentially persuasive |
| Purpose | To reflect the consensus of the American legal community as to what the law is and what it should become |
| Components | Each Restatement section includes a black-letter principle, comments, illustrations, and reporters' notes |
| Use | Lawyers can cite a Restatement section in a legal brief to provide a summary of court action on a common law legal doctrine |
| Acceptance | Courts are not formally obligated to adopt Restatement sections, but they often do due to their accuracy in restating established law |
| Frequency | Restatements are rare in common law jurisdictions outside of the United States |
| Examples | The Model Penal Code in criminal law, which guides legislators on statutes to enact |
| Respect | One of the most respected and well-used sources of secondary authority, covering nearly every area of common law |
| Series | There are currently four series of Restatements |
| Parallel Tables | Found in the back of certain volumes, they show corresponding section numbers between different series of Restatements |
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What You'll Learn
- Restatements are a set of treatises on legal subjects that inform judges and lawyers
- Restatements are rare in common law jurisdictions outside the US, where law reports are more frequent
- Restatements are potentially persuasive but not binding authority in and of themselves
- Restatements are formulated with extensive input from law professors and attorneys, as well as judges
- Restatements unify the law and are accepted by US courts, serving as a respected source of secondary authority
Restatements are a set of treatises on legal subjects that inform judges and lawyers
In American jurisprudence, Restatements of the Law are a set of treatises on legal subjects that inform judges and lawyers about general principles of common law. They are written by the American Law Institute (ALI), a legal organisation composed of noted professors, judges, and lawyers. The ALI's aim is to distil the "black letter law" from cases, indicate a trend in common law, and occasionally recommend what a rule of law should be.
Restatements are essentially compilations of case law, which are common law doctrines that develop gradually over time due to the principle of stare decisis (precedent). They are meant to reflect the consensus of the American legal community as to what the law is and, in some cases, what it should become. Each Restatement section includes a black-letter principle, comments, illustrations, and, in the form of reporters' notes, a detailed discussion of the cases that informed the principle.
While Restatements are not binding authority in and of themselves, they are considered persuasive authority and are often adopted by courts as they accurately restate already-established law. They have been cited in over 150,000 reported court decisions. Restatements are also valuable tools for lawyers, who can cite a Restatement section in a legal brief to bring a carefully studied summary of court action on a particular legal doctrine to the attention of a judge.
The first series of Restatements, published between 1923 and 1944, covered subjects such as Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Since then, the ALI has published two additional series, with the latest expansions in 2015 and 2019 covering Employment Law and Liability Insurance, respectively.
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Restatements are rare in common law jurisdictions outside the US, where law reports are more frequent
Restatements are a set of treatises on legal subjects that seek to inform judges and lawyers about the general principles of common law in the United States. They are written by the American Law Institute (ALI), a legal organisation composed of noted professors, judges, and lawyers. While Restatements are not binding authority, they are frequently cited in court decisions and are considered highly persuasive. This is because they are formulated over several years with extensive input from law professors, attorneys, and judges, reflecting the consensus of the American legal community.
However, Restatements are rare in common law jurisdictions outside of the United States, where law reports are more frequent. Former Justice of the High Court of Australia, William Gummow, attributes this rarity to the lack of a nationwide court of final common law adjudication in countries other than the United States. On subjects where the law is not settled or states differ significantly, the ALI has faced challenges in producing Restatements. For example, in criminal law, the ALI formulated the Model Penal Code to guide legislators on which statutes to enact rather than producing a comprehensive Restatement.
The absence of Restatements in non-US jurisdictions does not imply a lack of authoritative sources. Law reports, which are more prevalent in these jurisdictions, serve as valuable references. These reports provide detailed accounts of court decisions, including the principles applied and the reasoning behind them. They offer insights into the interpretation and application of the law, contributing to the development of legal principles over time.
While Restatements unify legal principles and seek to indicate trends in common law, their focus is primarily on US jurisprudence. The specific legal traditions, practices, and structures within a country or region also influence the approach to Restatements. Common law jurisdictions outside the US have their own unique legal systems, with established processes for interpreting and applying the law, which may differ from the US model.
It is worth noting that while Restatements are rare in these jurisdictions, they are not entirely absent. In some instances, Restatements may be referenced or adapted to suit the legal context of a particular jurisdiction. For example, Andrew Burrows' work on the English Law of Unjust Enrichment was informed by the Restatements of the Law, demonstrating a degree of cross-jurisdictional influence. Nonetheless, the overall trend remains that Restatements are less prevalent outside the US, and each jurisdiction relies on its own established methods of legal interpretation and reporting.
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Restatements are potentially persuasive but not binding authority in and of themselves
In American jurisprudence, the Restatements of the Law are a set of treatises on legal topics that are designed to inform judges and lawyers about the general principles of common law. They are not binding authority but are considered persuasive and carry a certain degree of authority due to their extensive input from legal professionals and academics. The Restatements are formulated by the American Law Institute (ALI), an organisation of judges, legal academics, and practitioners founded in 1923. The ALI's objective is to extract the "black letter law" from cases, indicating a trend in common law and occasionally recommending a rule of law.
Each Restatement section includes a black-letter principle, comments, illustrations, and reporters' notes, which provide a detailed discussion of the cases that contributed to the principle summarised in that section. By citing a Restatement section in a legal brief, lawyers can provide judges with a carefully studied summary of court action on a particular common law legal doctrine. While judges are not formally obligated to adopt Restatement sections, they often do so as they accurately reflect established common law.
The Restatements are considered a respected and well-used source of secondary authority, covering a wide range of common law areas. They are particularly useful in the United States due to the lack of a nationwide court of final common law adjudication. The Restatements have been cited in over 150,000 reported court decisions, demonstrating their influence and persuasive power.
The Restatements are not static and have evolved over time. There are currently four series of Restatements, with the second series published in 1982. The Restatements are subject to ongoing revisions and updates, reflecting the dynamic nature of the law.
In conclusion, while the Restatements of the Law are not binding authority, they hold significant persuasive value in the American legal system. They serve as a valuable resource for judges and lawyers, providing a comprehensive overview of common law principles and helping to unify the law across different jurisdictions.
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Restatements are formulated with extensive input from law professors and attorneys, as well as judges
In American jurisprudence, the Restatements of the Law are a set of treatises on legal topics that provide guidance to judges and lawyers on general principles of common law. The Restatements are not binding but are intended to be persuasive and reflect the consensus of the American legal community. They are formulated by the American Law Institute (ALI), an organisation of judges, legal academics, and practitioners founded in 1923. The ALI's goal is to extract the "black letter law" from cases, indicating a trend in common law and occasionally recommending a rule of law.
The process of formulating Restatements involves extensive input from law professors, practising attorneys, and judges. This collaborative effort ensures that the Restatements accurately reflect the current state of the law and are widely accepted by the legal community. The input from law professors brings academic expertise and a deep understanding of legal theory, while practising attorneys contribute practical experience and insights from their work in the courtroom. The judges involved in the process offer their knowledge of judicial procedures and the interpretation and application of the law.
The Restatements are structured with each section including a black-letter principle, comments, illustrations, and reporters' notes. The reporters' notes are particularly valuable as they provide a detailed discussion of all the cases that contributed to the principle summarised in that section. This comprehensive approach ensures that the Restatements are a reliable and respected source of secondary authority in common law.
The input from legal professionals is crucial in ensuring the accuracy and practicality of the Restatements. By involving practitioners, the Restatements benefit from real-world experience and a practical understanding of how the law is applied and interpreted in courts. The collaboration between law professors and attorneys helps bridge the gap between legal theory and practice, resulting in Restatements that are not only academically sound but also relevant and applicable in real-world legal scenarios.
The Restatements have been widely cited in court decisions, with over 150,000 reported cases referencing them. While courts are not formally obligated to adopt Restatement sections, they often do so due to their persuasive nature and the extensive input they receive from legal experts. The Restatements are particularly useful in unifying the law across different states and providing guidance in areas where the law may not be settled or consistent.
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Restatements unify the law and are accepted by US courts, serving as a respected source of secondary authority
In American jurisprudence, the Restatements of the Law are a set of treatises on legal topics that aim to inform judges and lawyers about the general principles of common law. The Restatements are published by the American Law Institute (ALI), an organisation of judges, legal academics, and practitioners founded in 1923. They are not binding authority but are considered persuasive and respected sources of secondary authority. The Restatements unify the law by distilling the "black letter law" from cases, indicating trends in common law, and occasionally recommending rules of law. This helps to address the lack of a nationwide court of final common law adjudication in the United States.
Each Restatement section includes a black-letter principle, comments, illustrations, and reporters' notes that provide a detailed discussion of the cases that contributed to the principle. By citing a Restatement section in a legal brief, lawyers can provide judges with a carefully studied summary of relevant case law, enabling judges to make informed decisions when applying the law to a specific case. While courts are not formally obligated to adopt Restatement sections, they often do so because they accurately restate established legal principles.
The Restatements have been widely accepted by courts throughout the United States and have been cited in over 150,000 reported court decisions. This acceptance further contributes to the unification of the law across different jurisdictions. Benjamin N. Cardozo, a renowned jurist, recognised the potential impact of the Restatements in a 1923 lecture at Yale Law School. He described the Restatements as having "unique authority, not to command, but to persuade" and expressed faith in their power to unify the law.
The ALI has produced four series of Restatements, covering almost every area of common law. However, on subjects where the law is unsettled or states have widely differing laws, the ALI has not been able to produce a Restatement. For example, in criminal law, the ALI formulated the Model Penal Code to guide legislators on the statutes they should enact. While the Restatements are not binding, their influence is significant as they reflect the consensus of the American legal community and are formulated with extensive input from legal experts, including law professors, practising attorneys, and judges.
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Frequently asked questions
In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that inform judges and lawyers about general principles of common law.
No, restatements of the law are not binding authority in and of themselves. However, they are potentially persuasive and are meant to reflect the consensus of the American legal community on what the law is and, in some cases, what it should become.
The purpose of restatements of the law is to distill the "black letter law" from cases, to indicate a trend in common law, and occasionally to recommend what a rule of law should be. They restate existing common law into a series of principles or rules.
