The Complete Guide to The Black’s Law Dictionary 5th Edition

Origin of The Black’s Law Dictionary

The origins of Black’s in its earliest incarnation began with an edition that first hit the market in 1891. This facsimile of that first edition is reproduced and included with modern volumes. The first official edition, however, would be in 1897 when West Publishing and the founder of the concept to publish a legal dictionary, Henry Campbell Black, entered into an agreement to continue to work on the definition resource in a multi-volume set with the editor credited as Black. This collaboration would lead to the transition of the first edition into what we know today as the first unofficial edition. It is still known as the first but the labeling of the first unofficial edition wouldn’t be used until later in the books’ history.
In 1904 , Black’s in its current form was born. This was the year of its first unofficial edition. In it, Black’s employed more than 250 contributors to continue its expansion. The first official edition would be published in 1928. By that point, Black’s had been acquired by West Publishing. That and more contributors allowed for the continuation of the resource for the foreseeable future.
The fifth edition of Black’s law dictionary was released in 1979 and it came with the original owner’s passage at the time of its publication, the 72-year-old Black at the time of his passing, stating that he believed that it was his most comprehensive editing to date.

Purpose and Importance of The 5th Edition

The 5th Edition represents a substantial expansion of the previous editions of the dictionary. It is about 50 percent larger than the 4th edition and contains more than 42,000 terms. The revision updates the previous 7,000 terms. New terms include those relating to the Federal Rules of Criminal Procedure, double jeopardy and legal malpractice. The revised content reveals the greater sophistication of modern measurement techniques and statistical standards. Expanding the dictionary’s scope even further, the editor added thousands of Latin terms and phrases to the 5th edition, greatly increasing the number of legal terms with definitions. Making greater use of the Black family’s talent for understanding and appreciating language, the 5th edition contains new etymological and historical material. In addition, Black’s Law Dictionary 5th edition reflects a more thorough and rigorous editorial process.

Foremost Features of The Black’s Law Dictionary 5th Edition

This fifth edition of Black’s Law Dictionary includes thousands of new terms and definitions, as well as added, updated, or expanded discussions of topics such as student aid, the price index, the restatement, and tort reform. It places particular emphasis on modern legislative expressions and issues, notably the Federal Rules of Civil Procedure, federal income taxation, environmental law (such as the Clean Air Act), and employment discrimination law (including affirmative action, sexual harassment, and the Civil Rights Act of 1866). The 5th edition also retains the comprehensive coverage of Latin terms that make Black’s indispensable in all disciplines, as well as substantive coverage of 17th-, 18th-, and 19th-century English legal history, as embodied in English reports and statutes.
The 5th edition extends and updates the material on administrative law, including definitions of terms relating to both federal and state administrative agencies; antitrust, trade, and consumer law; arbitration, civil rights, civil procedure, class actions, constitutional law, crime and criminal procedure, legal ethics, and intellectual property. Black’s new and materially expanded sections on evidence include the act of production doctrine, alienage, ancient documents, best evidence rule, business records, competency and compulsion of witnesses, court access, expert testimony, hearsay and its exceptions, juror questioning and rights, judicial notice, lay witness testimony, privilege, self-incrimination, spousal immunity, statements against interest, and the trial procedure.
The 5th edition also includes many new words that are becoming commonly used in judicial opinions and legal treatises, as well as words that the editor found to be unnecessary because they are widely known and understood, vocabulary that has become more commonly used in judicial opinions, and neologisms that have made their way into legal discourse, among them: actor, baby boomer, "blog" and "blogosphere," beta version, cleft lip and palate, Cujo, datamining, delisting, dual federalism, escape clause, floppy disk, floppy drive, junk bond, Lollapalooza, meme, range of motion, security furnace, smart card, smart drug, Telecommuting, U-boat, v-chip, and Y2K.

Implications for Legal Professionals and Students

Lawyers, like all professionals, seek to gain a cumulative body of experience and knowledge. However, unlike other fields, the law is in a constant state of flux, as legislative and regulatory changes impose new rules and limitations on society, and precedent evolves through the courts. This ever-changing landscape makes it imperative for legal practitioners to stay up-to-date on relevant information at all times, not just to ensure that they win the case but because it is a prerequisite for competent practice. Legal dictionaries allow practitioners to remain apprised of the latest developments using source material that is recognized and accepted by the courts. In the nearly four decades since its publication , Black’s Law Dictionary has virtually become synonymous with legal scholarship. It is the preferred authoritative resource for the courts, academicians, students, and legal practitioners in an age of increased specialization, rapid reference, and global practice. In a competitive marketplace, today’s lawyer must be able to transform their legal knowledge and expertise into a bottom-line benefit for clients, and this is why an indispensable asset such as Black’s Law Dictionary is more valuable than ever. With its unparalleled vocabulary and consistent clarity, Black’s can help a modern lawyer provide better guidance, analyze the real-world implications of the law, and perform more effective research.

Comparison with Other Editions

In comparing Black’s Law Dictionary 5th Edition with later editions, the most notable upgrade between the 5th and 6th Editions is the increase in cited cases. In the 6th Edition the case law accompanying the legal definitions is more prevalent than in the 5th Edition. The 6th Edition references three times more cases compared to its predecessor. The cases listed are renown in their substantive areas of the law. For example, cases such as Adams v. Adams, 525 U.S. 259, 119 Sup. Ct. 2219, 144 L. Ed. 2d 405 (1999) (When a statute permits a defendant to raise as a defense any matter that would be available in a civil action against the plaintiff, the defendant is entitled to raise the statute of limitations defense, even though that defense would not otherwise be available under the statute of limitations); California v. Acevedo, 500 U. S. 565, 111 Sup. Ct. 818, 114 L. Ed. 2d 68 (1991) (The 4th amendment permits the police to seize evidence without a warrant in the same manner and with the same level of probable cause that would be required for a warrant to search.). The decisions in these cases add further persuasive authority to the definition by the court at hand.
While there have been many advancements in the field of lexical analysis of legal terms and phrases between the 5th and 6th Editions, the major change occurred in Black’s Law Dictionary 7th Edition. The 7th Edition implemented definitions and reference materials that relied on the use of computerized database analysis due to the magnitude of cases being decided by the courts. In Black’s Law Dictionary 5th Edition, there are only two categories of reference material: (1) case law and (2) statutes. In the 7th Edition, for the first time in the history of Black’s, the reference categories expanded. They were: (1) case law, (2) statutes, (3) administrative codes, (4) constitutions, (5) treatises and encyclopedias, (6) law review articles, (7) journals, (8) secondary sources, and (9) state and local governments. The 7th Edition also reorganized the categorization of definitions for specific types of law, so that, for example, the definitions for public and private law are separated from civil law and criminal law.

Availability and Use of The 5th Edition in Contemporary Settings

Black’s Law Dictionary 5th edition is widely available in both print and digital formats for readers who would like to access this venerable reference tool. From the days when the publisher Lawrence Thompson took over to the day when it was bought by West Publishing, Black’s Law Dictionary has always been a popular reference source for legal professionals and others looking for a legal reference.
The Black’s Law Dictionary 5th edition remains fairly available in print from a variety of current publishers. The publisher, of course, is West Publishing. If you want the dictionary in a paper version, you can get it from any of the usual legal reference publishers. However, if you are in the market for an out of print version , it pays to check Amazon and other booksellers. An out of print dictionaries often commands a premium price from collectors, but only if you want the set. It is often possible to purchase missing volumes at a reasonable price.
Black’s Law Dictionary 5th edition remains available online from Westlaw, which is the current largest provider of digital legal reference services. Black’s has different products for different types of users. The most common type of subscription is the one in Westlaw Next, which is used mainly by attorneys. However, there is also a pro subscription intended for law schools, which is more affordable than the regular subscription. The only caveat for that subscription is that if you are in law school, you need to show your current course schedule to prove that you are a current student.