Yet, this is ostensibly the most important practical aspect of Nietzsche's writings especially in the application to
positive law.
Instead of the familiar Thomistic description of natural law as the "participation of the eternal law in a rational creature" found in the earlier authors, (112) Hale's typology of law begins with divine and human law, and then subdivides divine law into natural and
positive law (B1, 56r-v).
7) Scholars of international law have also frequently examined the intersections of alternative governance tools with
positive law, formal institutions, and traditional regulatory enforcement structures, s but few comparative scholars have considered CSR within that mix.
Where the
positive law is taught, the Shariah law is not included.
Notice that there cannot be correlative obligations to the rights established in chapter 2 of the Second Treatise of Government, unless they are established by a legislator by a
positive law and under the threat of such punishment that would deter the potential break.
Judges on the conservative side retreat to some safe formula of
positive law, a focus on the text of the Constitution, or a commitment to "originalism" and tradition.
And reshaping the question in this way brings into much starker relief the significance of Matsui's argument regarding the failure of the judges to take seriously the Constitution as a source of
positive law.
Over the course of a decade and more than 30,000 cases, the Michigan Supreme Court has moved unwaveringly in the direction of conforming our case law with the language of the
positive law.
Waldron further develops his unflinching views on torture in Chapter 7, "Torture and
Positive Law," the signature piece of this compilation.
is the creation of
positive law, to be distinguished from those freedoms that remain within the residue of unregulated conduct, fundamental, even "natural" freedoms because they are not, so far, circumscribed by law.
In the current state of
positive law, the general prohibition of the wearing of the burqa would be extremely fragile," Denys de Bechillon, a jurist specialising in constitutional law, told the daily newspaper Liberation earlier this year.
A third call was to base
positive law upon ethical principles of natural law.
