Restatements of the Law

The "Restatements of the Law" are treatises published by the American Law Institute as scholarly refinements of black-letter law, to "address uncertainty in the law through a restatement of basic legal subjects that would tell judges and lawyers what the law was." They were the first undertakings of the Institute after its establishment in 1923 and were originally supported by grants from the Carnegie Corporation. []

While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States. As of March 1, 1995, the Restatements had been cited 129,533 times.Fact|date=May 2008


In the period from 1923 to the end of World War II, the Institute published Restatements of Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Beginning in the 1950s, updated and enlarged versions of most of these works were published as volumes of a "Second Restatement."

These revisions were undertaken partly to reflect changes and developments in the law, but also to implement a new format that provided more expansive commentary and more meaningful illustrative material, affording fuller statements of the reasons for the positions taken. For example, the volumes generally included a set of Reporter's Notes that detailed the reasons on which the principles and rules stated were based and the authorities that supported them.

For the convenience of legal researchers, the second series of volumes also provided cross-references to the key numbers of the West Publishing Company's Digest System and to the A.L.R. annotations of the Lawyers Cooperative Publishing Company. In addition, appendix volumes included digest paragraphs of decisions of state appellate courts and federal courts citing the Restatements on each subject.

The first volume of a Third Restatement of the Law was the 1987 Restatement of the Foreign Relations Law of the United States. The Restatement (Third) of Torts: Products Liability has also been published, but to date has not been widely adopted.

Current versions of Restatements

#Restatement of Agency, Third (2006);
#Restatement of Conflict of Laws, Second;
#Restatement of Contracts, Second;
#Restatement of Foreign Relations Law of the United States, Third;
#Restatement of Judgements, Second;
#Restatement of Law Governing Lawyers, Third;
#Restatement of Property;
#Restatement of Property, Landlord and Tenant, Second;
#Restatement of Property, Donative Transfers, Second;
#Restatement of Property, Mortgages, Third;
#Restatement of Property, Servitudes, Third;
#Restatement of Restitution, Quasi Contracts & Constructive Trusts;
#Restatement of Security;
#Restatement of Suretyship and Guaranty, Third;
#Restatement of Torts, Second;
#Restatement of Torts, Apportionment of Liability, Third;
#Restatement of Torts, General Principles, Third (discussion draft);
#Restatement of Torts, Products Liability, Third;
#Restatement of Trusts, Second;
#Restatement of Trusts, Prudent Investor Rule, Third;
#Restatement of Trusts, General Principles, Third (tentative draft);
#Restatement of Unfair Competition, Third

External links

* [ American Law Institute website]
* [ Legal reference guide to the Restatements from Harvard Law School]

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Restatement of the Law — A series of legal treatises that set out basic U.S. law on a variety of subjects, written and updated by legal scholars and published by the American Law Institutes. While not having the force of statutes or court rulings, the Restatements (as… …   Law dictionary

  • Restatement of the law — Als restatements of the law werden im Recht der Vereinigten Staaten die vom American Law Institute herausgegeben Abhandlungen bezeichnet, die das case law der einzelnen Bundesstaaten systematisch darstellen. Sie haben nicht den Rang einer echten… …   Deutsch Wikipedia

  • Law of the United States — The law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War. [Lawrence M. Friedman, A History of American Law , 3rd ed. (New York: Touchstone,… …   Wikipedia

  • restatements — the publications of the private American Law Institute, which is made up of law professors, judges and practising lawyers. The project is to state the precedents of the US jurisdictions, like a continental code, so that it is manageable and so… …   Law dictionary

  • Law of Israel — combines common law and civil law.ources of Israeli lawIsraeli law draws on the following sources: *The Mecelle (מג לה) Ottoman casuistic Muslim law (matrimonial and Real Estate Registration) *British common law *Israeli codification (torts and… …   Wikipedia

  • The Church of God (Charleston, Tennessee) — For other uses, see Church of God (disambiguation). The Church of God (Charleston, Tennessee) or TCOG is a Holiness Pentecostal movement based in the United States. The church s actual name is The Church of God; however, the parenthetical phrase… …   Wikipedia

  • American Law Institute — n. A national organization of attorneys, judges, and legal scholars who seek to promote consistency, clarity, and simplification in the law through such projects as the Restatements of the Law and the Model Penal Code. Abbreviated ALI. Webster s… …   Law dictionary

  • American Law Institute — The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes restatements of the law, model… …   Wikipedia

  • List of sources of law in the United States — This list contains links to various sources of law used in the United States.Primary sourcesFederal*Constitution of the United Statestatutes* List of United States federal legislation * [ Acts listed… …   Wikipedia

  • Restatement of Law — A series of volumes authored by the American Law Institute that tell what the law in a general area is, how it is changing, and what direction the authors (who are leading legal scholars in each field covered) think this change should take; for… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.