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 periodicals archive ?
Hart-Lon Fuller debate on the relationship between natural and positive law, was the jurisprudential twin of the legal process materials.
A joint field command restricted its use to small areas near a Border Patrol station "to increase the certainty of a positive law enforcement resolution.
In purely legal terms, Nonet (1990) sets the table for a discussion of tax laws in Nietzschean terms by rightly suggesting that Nietschean philosophy generally demands positive law as opposed to natural law.
It argues that a reading that assumes that for Smith the moral sentiments form the basis of justice and positive law is too narrow.
This situation creates a problem for those addicted to positive law because it was developed in and for the framework of civil peace, and positive law devotees are constitutionally unable to admit the boundaries of their doctrine.
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.
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.
From in-depth definitions of torture, the United Nations Trusteeship Council, and international financial institutions to privacy rights and positive law, this includes cross-references, discussions of rights, legal entities, and more.
The book derives its strength from the author's self-conscious approach to the subject, which rests on the conviction that "normative accounts, historical transformations, and positive law cannot be separated.

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