Positive law

Positive laws (Latin: ius positum) are human-made laws that oblige or specify an action. Positive law 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) and 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]

  1. ^ Kelsen 2007, p. 392.
  2. ^ Black 1979.

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