Positive law (lat. ius positum) is the term generally used to describe man-made laws which bestow specific privileges upon, or remove them from, an individual or group. Etymologically the name derives from the verb to posit and is unrelated to the more common positive as not negative word usage.
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." 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 "aw actually and specifically enacted or adopted by proper authority for the government of an organized jural society."
Read more about Positive Law: lex Humana Versus lex Posita, Legal Positivism
Famous quotes containing the words positive law, positive and/or law:
“If all political power be derived only from Adam, and be to descend only to his successive heirs, by the ordinance of God and divine institution, this is a right antecedent and paramount to all government; and therefore the positive laws of men cannot determine that, which is itself the foundation of all law and government, and is to receive its rule only from the law of God and nature.”
—John Locke (1632–1704)
“It is easy and dismally enervating to think of opposition as merely perverse or actually evil—far more invigorating to see it as essential for honing the mind, and as a positive good in itself. For the day that moral issues cease to be fought over is the day the word “human” disappears from the race.”
—Jill Tweedie (b. 1936)
“Lawyers are necessary in a community. Some of you ... take a different view; but as I am a member of that legal profession, or was at one time, and have only lost standing in it to become a politician, I still retain the pride of the profession. And I still insist that it is the law and the lawyer that make popular government under a written constitution and written statutes possible.”
—William Howard Taft (1857–1930)