Positive Law

the aggregate of laws in force at a given moment. Historically, the concept of positive law developed within the school of natural law: laws in force in a country, which change at the will of the legislature in connection with changes in the life of society, were distinguished from natural law, which was considered common to all peoples, eternal and unchanging, and supposedly determined by human nature itself.

The term “positive law” is used in legal science to describe legal norms recognized by authority and to distinguish them from norms that have been rescinded or have lost force in actual fact, as well as from ideas of norms that have not yet been adopted but are desirable in the future (drafts of laws, proposals, demands, and legal ideas). In this sense the term de lege lata (according to existing law) is sometimes used to signify positive law. If a given question is not decided by existing law but a decision is desirable, the expression de lege ferenda (according to future, proposed law) is used.

Positive Law

Those laws that have been duly enacted by a properly instituted and popularly recognized branch of government.

Positive laws may be promulgated, passed, adopted, or otherwise "posited" by an official or entity vested with authority by the government to prescribe the rules and regulations for a particular community. In the United States, positive laws come in a variety of forms at both the state and federal levels, including legislative enactments, judicial orders, executive decrees, and administrative regulations. In short, a positive law is any express written command of the government. The belief that the only legitimate sources of law are those written rules and regulations laid down by the government is known as Positivism.

positive law

n. statutory man-made law, as compared to "natural law" which is purportedly based on universally accepted moral principles, "God's law," and/or derived from nature and reason. The term "positive law," was first used by Thomas Hobbes in Leviathan (1651). (See: natural law)

单词	positive law
释义	positive law 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.] Positive Law Positive Law the aggregate of laws in force at a given moment. Historically, the concept of positive law developed within the school of natural law: laws in force in a country, which change at the will of the legislature in connection with changes in the life of society, were distinguished from natural law, which was considered common to all peoples, eternal and unchanging, and supposedly determined by human nature itself. The term “positive law” is used in legal science to describe legal norms recognized by authority and to distinguish them from norms that have been rescinded or have lost force in actual fact, as well as from ideas of norms that have not yet been adopted but are desirable in the future (drafts of laws, proposals, demands, and legal ideas). In this sense the term de lege lata (according to existing law) is sometimes used to signify positive law. If a given question is not decided by existing law but a decision is desirable, the expression de lege ferenda (according to future, proposed law) is used. Positive Law Positive Law Those laws that have been duly enacted by a properly instituted and popularly recognized branch of government. Positive laws may be promulgated, passed, adopted, or otherwise "posited" by an official or entity vested with authority by the government to prescribe the rules and regulations for a particular community. In the United States, positive laws come in a variety of forms at both the state and federal levels, including legislative enactments, judicial orders, executive decrees, and administrative regulations. In short, a positive law is any express written command of the government. The belief that the only legitimate sources of law are those written rules and regulations laid down by the government is known as Positivism. positive law n. statutory man-made law, as compared to "natural law" which is purportedly based on universally accepted moral principles, "God's law," and/or derived from nature and reason. The term "positive law," was first used by Thomas Hobbes in Leviathan (1651). (See: natural law)
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