OPEN DOORS

5 definitions found across Law Mind sources

OPEN DOORSAuthored
The Law Mind • 977 words
Definition
In Scots law, "letters of open doors" (also rendered as open doors) were a form of legal process — a writ or warrant — authorizing an officer of the law (a messenger-at-arms) to break open the doors of premises where a debtor's goods were believed to be held, for the purpose of executing diligence (the Scots law equivalent of enforcement against a debtor's property). The letters were issued as a formal instrument and represented a specific procedural step beyond ordinary diligence; without them, a messenger had no authority to force entry. The term is nearly always encountered in its fuller form, "letters of open doors," rather than as a standalone phrase. "Open doors" alone, divorced from that phrase, carries no independent legal meaning in either Scots or English common law.
Common Language
Modern common usage (Wiktionary): Plural of "open door" — referring to doors that are open, or figuratively to a policy of accessibility or free entry. Historical common usage (Webster's 1913): "Open door" in general English referred to a door standing ajar, or by extension a policy of unrestricted access, trade, or admission. The gap between common and legal meaning here is significant. Where ordinary English treats "open doors" as describing a condition (a door that is open) or a welcoming posture, the legal term of art in Scots practice described the opposite situation — a closed space being forcibly opened by legal authority. The phrase is procedural and coercive, not descriptive or metaphorical.
Common Confusion
"Open doors" as a legal term should not be confused with the modern "open door policy," a term used loosely in employment, administrative, and international trade contexts to signal accessibility. Researchers encountering "letters of open doors" in historical Scots records who approach the phrase through its ordinary English meaning will fundamentally misread the document — the instrument authorized forced entry, not free access. The phrase also bears no relation to the English law term "open fields," which appears in adjacent entries in Black's and describes undivided agricultural land held by separate owners.
Why It Matters in Research
This term is essentially a historical Scots law term of art and will appear almost exclusively in sources dealing with Scots civil procedure and diligence — the enforcement mechanisms peculiar to Scots law. Researchers working in the Law Mind corpus should note several traps: First, the term is nearly invisible in English common law materials. Its presence in Black's and Burrill's reflects those dictionaries' occasional inclusion of Scots and civil law terms, not any common law usage. Do not expect to find "letters of open doors" operating as a concept in English, Irish, or American legal sources. Second, the procedural context matters. In Scots law, diligence against a debtor's moveable property involved sequential steps, and letters of open doors functioned as an escalation within that process — not an initial remedy. A researcher reading Scots court records, creditor correspondence, or legal memorials from the 17th through 19th centuries may encounter the phrase as part of a chain of enforcement steps that also included poinding (seizure of goods) and arrestment (attachment of debts owed to the debtor by third parties). Third, spelling and phrasing varied in historical sources. "Letters of open doors," "open door letters," and variant spellings of "messenger" and "diligence" in older Scots records can complicate keyword searching. Researchers should cast broad nets and consult Bell's Dictionary (cited by both Black's and Burrill's as the primary authority) for period-appropriate terminology. Fourth, because this term has no American or English common law equivalent, it will not appear in case law from those jurisdictions. Its research utility is almost entirely confined to historical Scots legal practice and comparative civil law scholarship.
Historical Dictionary Support
Black's Law Dictionary and Burrill's Law Dictionary are in close agreement on the substance: both define letters of open doors as process authorizing a law officer to break open premises where a debtor's goods are held, and both cite Bell's Dictionary as the source. The definitions are functionally identical, with Burrill's specifying that the goods must be "deposited" in the relevant premises, a slight refinement suggesting the goods were placed there deliberately rather than merely found there. Neither dictionary provides meaningful procedural context — neither explains the step in the diligence process at which such letters were obtained, the court or authority that issued them, or the conditions precedent to their issue. Researchers seeking that procedural depth must go directly to Bell's Dictionary of the Law of Scotland or primary Scots legal treatises of the period. The historical dictionaries serve here as signposts, not full guides. Neither source addresses the term's historical arc — whether it fell into disuse following Scots law reforms in the 19th and 20th centuries. Modern Scots enforcement law (the Debtors (Scotland) Act 1987 and subsequent legislation) substantially reformed diligence procedure, and the term "letters of open doors" does not appear in modern Scots statutory vocabulary in its historical sense.
Jurisdictional Note
This term is specific to Scots law and has no operative equivalent in English common law or American law. Researchers working in jurisdictions outside Scotland will encounter it only in comparative or historical contexts. Modern Scots diligence law has superseded the procedural framework in which letters of open doors functioned.
Related Terms
Diligence (Scots law) — the general category of enforcement procedure of which letters of open doors formed a part Poinding — Scots law seizure of a debtor's moveable goods Arrestment — Scots law attachment of debts or property held by third parties Messenger-at-Arms — the Scots law officer authorized to execute diligence Letters of inhibition — another form of Scots law letters used in debt enforcement Execution (of process) — the broader concept of enforcing legal judgments or writs Warrant — the closest English common law analog to letters authorizing official action
OPEN DOORSmain
Black's Law Dictionary • 1891
In Scotch law. "Let- ters of open doors" are process which em- powers the messenger, or officer of the law, to break open doors of houses or rooms in which the debtor has placed his goods. Bell. OPEN FIELDS, or MEADOWS. In English law. Fields which are undivided, but belong to separate owners; the part of each owner is marked off by boundaries un- til the crop has been carried off, when the pasture is shared promiscuously by the joint herd of all the owners. Elton, Commons, 31; Sweet.
OPEN DOORSmain
Burrill's Law Dictionary • 1870
In Scotch practice. Letters of open doors are letters (process) authorizing the officer to whom they are directed to break open the doors of places in which the goods of a debtor are deposited. Bell's Dict.
open doorsnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
plural of open door
open doorsverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To lead to opportunities or social advantages.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In