But this is a mere rule of construction, not derived from any
positive law, but from the nature and reason of the thing.
First, he seeks to show that their concepts of ius gentium retain traditional universal and normative features from the natural law tradition, but their concepts also depart from that tradition by locating ius gentium in
positive law. Hence both authors argue that the scope of ius gentium is (almost) as broad as natural law, though it is not merely subjective or dependent on the will of states (306, 308).
In order to clarify the processes by which hadiths on a given legal topic were formed and developed, Yanagihashi analyzes their isnads and matns and compares them with expositions of
positive law in early fiqh such as those attributed to Muhammad b.
interpret or fill in gaps in
positive law, without undercutting the
Through RBL, one man, or a faction or a party, rules through
positive law to impose his/her/their will on others.
When determining whether a local official possesses final policymaking authority, courts must look to legal authorities including state and local
positive law. The relevant local
positive law in this case makes clear that the Town delegated to Bralley final and unconstrained policymaking authority with regard to the challenged actions at issue.<br />Bralley wielded such authority free of any constraints on her discretion when she terminated the Plaintiffs' employment in violation of the First Amendment.
inception--about the nature of
positive law, its conformity with the
Judges and officials still claim--with varying degrees of plausibility--that their constitutional decisions are rooted in Founding-era law, (5) and that "we are all originalists." (6) Commitments like these lead some to conclude that originalism is actually our
positive law, (7) a claim that Coan is willing for argument's sake to entertain.
Part IV illustrates the hypothesis by examining amendments to subchapters S, K, and C of the Code as well as efforts to codify the federal statutes as
positive law, and part V concludes.