Scribd Logo
Upload

Welcome to Scribd!

  • 193 views

    Positive Law

    Uploaded by

    Regina Elim Perocillo Ballesteros-Arbison
    Positive law refers to human-made laws that oblige or specify certain actions. It establishes specific legal rights for individuals or groups. Positive law is distinct from natural law, which comprises inherent rights granted by God, nature, or reason rather than by legislation. Positive law is also described as the law that applies at a certain time and place, consisting of statutory law and case law. More specifically, positive law may be defined as law enacted or adopted by proper authority to govern a society.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Positive Law

    Uploaded by

    Regina Elim Perocillo Ballesteros-Arbison
    193 views1 page
    Positive law refers to human-made laws that oblige or specify certain actions. It establishes specific legal rights for individuals or groups. Positive law is distinct from natural law, which comprises inherent rights granted by God, nature, or reason rather than by legislation. Positive law is also described as the law that applies at a certain time and place, consisting of statutory law and case law. More specifically, positive law may be defined as law enacted or adopted by proper authority to govern a society.

    Original Description:

    different meanings of positive law?

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Positive law refers to human-made laws that oblige or specify certain actions. It establishes specific legal rights for individuals or groups. Positive law is distinct from natural law, which comprises inherent rights granted by God, nature, or reason rather than by legislation. Positive law is also described as the law that applies at a certain time and place, consisting of statutory law and case law. More specifically, positive law may be defined as law enacted or adopted by proper authority to govern a society.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    193 views1 page

    Positive Law

    Uploaded by

    Regina Elim Perocillo Ballesteros-Arbison
    Positive law refers to human-made laws that oblige or specify certain actions. It establishes specific legal rights for individuals or groups. Positive law is distinct from natural law, which comprises inherent rights granted by God, nature, or reason rather than by legislation. Positive law is also described as the law that applies at a certain time and place, consisting of statutory law and case law. More specifically, positive law may be defined as law enacted or adopted by proper authority to govern a society.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    Positive law

    From Wikipedia, the free encyclopedia


    Positive law (Latin: ius positum) is the term generally used to describe human-made laws that
    oblige or specify an action. It also describes the establishment of specific rights for an individual or
    group. Etymologically, the name derives from the verb to posit.
    The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred
    not by act of legislation but by "God, nature or reason."
    [1]
    Positive law is also described as the law
    that applies at a certain time (present or past) at a certain place, consisting of statutory law,
    and case law as far as it is binding. More specifically, positive law may be characterized as "law
    actually and specifically enacted or adopted by proper authority for the government of an organized
    jural society."
    [2]

    Contents
    [hide]
    1 lex humana versus lex posita
    2 Legal positivism
    3 See also
    4 References
    o 4.1 What supports what
    o 4.2 Sources used
    lex humana versus lex posita[edit]
    See also: man-made law lex humana versus lex posita
    Thomas Aquinas himself conflated man-made law (lex humana) and positive law (lex posita or ius
    positivum).
    [3][4][5]
    However, there is a subtle distinction between them. Whereas human-made law
    regards law from the position of its origins (i.e. who it was that posited it), positive law regards law
    from the position of its legitimacy. Positive law is law by the will of whomever made it, and thus there
    can equally be divine positive law as there is man-made positive law. (More literally translated, lex
    posita is posited rather than positive law.)
    [3]
    In the Summa contra Gentiles Thomas himself writes of
    divine positive law where he says "si autem lex sit divinitus posita, auctoritate divina dispensatio fieri
    potest." (SCG, lb. 3 cap. 125)
    [3]
    Latin-English translation: "If, however, the law has been divinely
    placed, it can be done by divine authority."
    [6]
    Martin Luther also acknowledged the idea of divine
    positive law, as did Juan de Torquemada.
    [7]

    You might also like