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positive law superseded natural rights.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.
