A written law is that which is promulgated in writing, and of which a record is in existence.
§ 1896.“Written law” defined
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 2. Public Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1896 defines written law as law that has been promulgated in writing and of which a record exists, distinguishing it from unwritten law under Section 1899.
Full Text of § 1896
Plain-English Summary
This section supplies the definition the classification in Section 1895 depends on. Written law is law that has been promulgated in writing, and of which a record is in existence, meaning there is a fixed text that can be located and consulted rather than law that survives only in practice or memory.
Section 1899 picks up the other half of the pair, defining unwritten law by direct reference back to this section: unwritten law is law not promulgated and recorded as this section describes, though it is still observed and administered in the courts.
Frequently Asked Questions
What makes a law "written" under this section?
That it has been promulgated in writing and that a record of it exists.
What examples of written law does the next section identify?
Section 1897 identifies the state and federal constitutions and statutes as California's written law.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: definition of written law californiapromulgated recorded law meaning