western ranchers had disobeyed
positive law to protest or resist what
(7) For Justice Scalia, it was the
positive law that judges must enforce
Nor is it a legal "compel." Coan isn't arguing for a Dworkinan moral reading of the Constitution, and he agrees that an Originalism Amendment, if worded with sufficient clarity, would "pretty clearly be part of the
positive law." (29) So any debate over the legal necessity of originalism could be settled by an Originalism Amendment just as easily as by Coan's proposal.
Because it is not possible to provide a precise definition of structural legislation and test the hypothesis in any systematic way, this section merely examines a few areas of the law, including amendments to subchapters S, K, and C of the Code--all areas with the type of provisions described as structural legislation--and legislative efforts to enact as
positive law the titles of the U.S.
(15) The Code is itself composed of both
positive law titles and nonpositive law titles, and the role of the OLRC differs with respect to each type of title, as is elaborated in this Comment.
In his conclusion, as well as elsewhere throughout Malik and Medina, Wymann-Landgraf declares that the broader objective behind his book is to persuade the reader that "the [legal] schools grew up during the first three centuries of Islam as consistent, yet largely unspoken legal methodologies with distinctive bodies of
positive law systematically based on them" (p.
The States developed their own rules and principles of private international law, contained either in the
positive law or in jurisprudence and doctrine (as is the case in France).
The structure of the volume makes the medieval approach to argument and its basic, unchallenged theories of natural law,
positive law, canon and civil law clear.
Fortin also observes that Aquinas himself says that the specification of the punishment called for by natural law belongs to
positive law (50).
In continental Europe, students began studying civil law by reading the Institutes and the Digest of Justinian, the 6th-century Byzantine emperor who codified ancient Roman law into the Corpus Juris Civilis and affirmed natural law as the underlying source of
positive law. Students of the English common law almost surely would have read the works of the 13th-century cleric and jurist Henry de Bracton and, later, William Blackstone's 18th-century Commentaries on the Laws of England.
Almost all the rest of the Digest was devoted to the latter, the
positive law, just as was true of the text of Bracton.
Corrective justice simply is not willing to trump
positive law.
