Restatements of the Law

Introduction

Restatements attempt to restate the principles of common law in a concise manner. The American Law Institute (ALI) publishes the Restatements. 

  • The Restatements were published from 1923-1952.  The Second Restatements were published from 1952-1986. The Third Restatements began publication in 1987.  All Restatements published today are part of the Third Restatement series.
  • Before a Restatement is accepted for publication, Tentative Drafts and Proposed Final Drafts are circulated to the voting members of ALI. 
  • Restatements are not binding on any jurisdiction unless that jurisdiction has adopted the Restatements as binding authority. Some jurisdictions may adopt current editions, others adopt previous editions, e.g., the Second but not the Third; others choose to adopt only certain sections of a Restatement. The Third Restatements do not repeal or affect a jurisdiction’s adoption of an older Restatement.