Positive Law


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Positive Law

 

the aggregate of laws in force at a given moment. Historically, the concept of positive law developed within the school of natural law: laws in force in a country, which change at the will of the legislature in connection with changes in the life of society, were distinguished from natural law, which was considered common to all peoples, eternal and unchanging, and supposedly determined by human nature itself.

The term “positive law” is used in legal science to describe legal norms recognized by authority and to distinguish them from norms that have been rescinded or have lost force in actual fact, as well as from ideas of norms that have not yet been adopted but are desirable in the future (drafts of laws, proposals, demands, and legal ideas). In this sense the term de lege lata (according to existing law) is sometimes used to signify positive law. If a given question is not decided by existing law but a decision is desirable, the expression de lege ferenda (according to future, proposed law) is used.

References in periodicals archive ?
In particular, every statute enacted by Congress amending a positive law title includes specific directions about how the provisions relevant to the statute ought to be arranged in the U.
The principle of lex voluntatis was formulated in judicial practice, filtered in the "flasks" of the legal doctrine and, not least, it was enshrined within the positive law (both in national legal systems and in international conventions).
That the Charter stated established English customs was appropriate too, for the customs themselves were regarded as part of the positive law that was supposed to be congruent with the law of nature.
Rarely did they invoke the natural law against the positive law.
Other benches may now be able to confidently seize themselves of only such matters which involve interpretation of positive law.
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.
Canon law, in comparison with the laws of other States, is a complex unity of divine positive law, divine natural law and human law which reflect and express the Catholic Church: its origin, means, spiritual and moral mission, organizational structure, supernatural end, and spiritual and temporal goods.
As George William Van Cleve argues, American lawmakers forged a "slaveholders' union" in which a weak national government could not legislate against slavery and positive law superseded natural rights.
69) In his estimation, although ordinarily positive law and natural law were thought to harmonize, so that appeals to positive and natural law typically went hand and hand, (70) judges in special cases could and did invoke natural law as a source of law.
American philosophers have often found themselves on the wrong side of the positive law, literally and figuratively.
He pointed out that the conference discusses various issues and topics related to the human rights in the positive law and the Islamic legislation.
The text is organized into five major sections on the legal order, contractual thinking and naturalism; justice, rights and human dignity; positive law, sovereign authority, and the institutionalization of authority in law; legal knowledge and legal doctrine; and the contradictions of following the law like following a rule.

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