positive law


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positive law

n.
A body of laws or principles guiding human conduct established by human authority, often contrasted with natural law.

[From positive, explicitly laid down, established by human authority.]
References in classic literature ?
But this is a mere rule of construction, not derived from any positive law, but from the nature and reason of the thing.
The promise that the people will decide in a referendum is not based on the Constitution or any law either because there is no norm in the positive law on calling a referendum either consultative or mandatory for the purpose of changing the country's name and especially regarding the identity provisions," the letter says.
The political reality shows, indeed, that there are political parties in Tunisia that admit, openly, not to recognise the Constitution and the positive law, she noted.
15) The Code is itself composed of both positive law titles and nonpositive law titles, and the role of the OLRC differs with respect to each type of title, as is elaborated in this Comment.
In his conclusion, as well as elsewhere throughout Malik and Medina, Wymann-Landgraf declares that the broader objective behind his book is to persuade the reader that "the [legal] schools grew up during the first three centuries of Islam as consistent, yet largely unspoken legal methodologies with distinctive bodies of positive law systematically based on them" (p.
The States developed their own rules and principles of private international law, contained either in the positive law or in jurisprudence and doctrine (as is the case in France).
In neither case, should the later preponderance of positive law cause us to dismiss the jurisprudential principle stated at the start.
In continental Europe, students began studying civil law by reading the Institutes and the Digest of Justinian, the 6th-century Byzantine emperor who codified ancient Roman law into the Corpus Juris Civilis and affirmed natural law as the underlying source of positive law.
While it is true that an ordinary citizen must be afforded with adequate self-preservation rights, an absence of a positive law to that effect does not nullify the same.
This unique principle that prevents arbitrary jurisdiction in general has grounds in positive law such as the European Convention on Human Rights (ECHR) and the Constitution.
besides the positive law of states in the emotional psychology of
Rather, we decide and act according the dictates of human positive law (yes, provided this is in line with reason) and of natural law (which is in line with our faith in God).

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