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 ?

The codifier's canon only appears in positive law titles.

Uncovering the Codifier's Canon: How Codification Informs Interpretation

Legal hadiths are relatively few, however, when measured against the massive and intricately detailed corpus of early and later Islamic positive law and the immense body of juristic dissent that grew up around it" (p.

Malik and Medina: Islamic Legal Reasoning in the Formative Period

The 14th and the 20th Centuries--The Crystallization of the Notion in Jurisprudence and in the Positive Law

THE EMERGENCE AND EVOLUTION OF THE LEX VOLUNTATIS PRINCIPLE IN PRIVATE INTERNATIONAL LAW

According to jurisprudence of the day, all law could be divided into four categories: (1) the law of nature, (2) the ius gentium or what we call law of nations, (3) the ius civile, the municipal law or positive law of individual kingdoms or territories, and (4) the ius divinum, the law of God that had been given to Jews and Christians.

Magna Carta and the law of nature

In this case, according to the Court, the requirements of the positive law happily coincided with the dictates of natural law.

Nature in the dock

posited, a (non-central) form of positive law, it is really a vast

A philosophical response to the seven questions

A joint field command restricted its use to small areas near a Border Patrol station "to increase the certainty of a positive law enforcement resolution.

DHS budget request has little for maligned border drone program

Contrarily, other benches of SCI are expected to primarily administer positive law with obscured yet (probably) subsisting modicum of economic and political justice.

Supreme Court of India Social Justice Bench: maiden dichotomy between equity and law in Indian jurisprudential history

In purely legal terms, Nonet (1990) sets the table for a discussion of tax laws in Nietzschean terms by rightly suggesting that Nietschean philosophy generally demands positive law as opposed to natural law.

The will to tax avoidance: Nietzsche and Libertarian jurisprudence

The positive law defines the public servant as "the person appointed under the conditions provided by Law no.

Nature and control of legality of the legal acts of the President of Romania

There should have been waves of applications in response to this positive law.

South Asian Sunshine

This situation creates a problem for those addicted to positive law because it was developed in and for the framework of civil peace, and positive law devotees are constitutionally unable to admit the boundaries of their doctrine.