Positive Law


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Positive Law

Those laws that have been duly enacted by a properly instituted and popularly recognized branch of government.

Positive laws may be promulgated, passed, adopted, or otherwise "posited" by an official or entity vested with authority by the government to prescribe the rules and regulations for a particular community. In the United States, positive laws come in a variety of forms at both the state and federal levels, including legislative enactments, judicial orders, executive decrees, and administrative regulations. In short, a positive law is any express written command of the government. The belief that the only legitimate sources of law are those written rules and regulations laid down by the government is known as Positivism.

positive law

n. statutory man-made law, as compared to "natural law" which is purportedly based on universally accepted moral principles, "God's law," and/or derived from nature and reason. The term "positive law," was first used by Thomas Hobbes in Leviathan (1651). (See: natural law)

References in periodicals archive ?
33) Second, one could use Nietzsche to undermine natural law generally in such a manner that Libertarians have no choice but to acknowledge that positive law is all that remains.
Hale assumed that the common law prohibited many of the very same things as were also prohibited "by the laws of God and nature," even though particular punishments were a determination of positive law.
The "mother" of black philosophy was at one time on the wrong side of the positive law, and this is meant literally.
Comparative legal scholarship has only recently begun to consider the intersections of these mechanisms with positive law, formal institutions, and traditional regulatory enforcement structures.
The expert also deplored the large divide between the students of the Shariah and the students of the positive law.
Regarding Locke, in his Letter Concerning Toleration he asserts that when a citizen finds a conflict between the positive law and his conscience, he must either obey the law or submit himself voluntarily to the punishments established in it, so that any legal significance is denied to the objection of conscience.
1) For example, there is the tenet that there can be no crime or criminal punishment without a positive law, known in Latin as "Nullum crimen sine lege" and "Nulla poena sine lege.
One could wish that Opwis did more to show how these theoretical machinations played out in the formulation of positive law and legal practice.
But Kant reminded us that behind the positive law is a deeper natural law that tells us why we would be justified in having a law in the first place.
3) Within this review, however, Matsui advances a new argument and isolates it as being one of the most important explanations for the Court's reluctance to strike down legislation as unconstitutional--that the judges of the Supreme court tend not to understand the constitution as being a source of positive law that requires enforcement by the judiciary.
It is best expressed in the "second table" of the Decalogue and is the basis for positive law in the kingdom of the "left hand.
Apostasy, denying the oneness of God, positive law and secularism are all crimes.

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