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Positive Law

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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)



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Therefore tends not to allow the codification of natural law, amounting to the category of Justice, while allowing the encoding of positive law as the best legislative practice.
Thirdly, although positive law of particular European states is still not uniform, the proposition to let the parties themselves (in certain peremptory restrictions) change the duration of the prescription period, with reference to specific circumstances and specifics of relations, is being expressed louder, too.
 
 
 
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