Definition of positive law in English:

positive law

noun

  • Statutes that have been laid down by a legislature, court, or other human institution and which can take whatever form the authors want.

    Compare with natural law
    • ‘Ordinary treaty law, positive law, will not work to such purpose.’
    • ‘It is clear therefore that the Constitution so far from imposing a restriction on the family, recognises that it is entirely free to carry out its own moral obligations which are anterior to positive law.’
    • ‘I doubt, however, that he wishes to reduce the morally obligatory and supererogatory to what is prescribed or merely allowed by human positive law in view of the contingent features of the political common good.’
    • ‘Once unhinged from the higher natural law, the positive law of our legislatures and our courts became like paper money unhinged from gold.’
    • ‘But at the level of any actual government - at the level of positive law, with its officers and magistrates - justice and mercy are necessarily in conflict.’
    • ‘Hence, even learned judges in slaveholding States, adopting the language of Lord Mansfield, in Somerset's case, have announced gravely, that slavery being contrary to the law of nature, can exist only by force of positive law.’
    • ‘The Southern judiciary countered the argument of natural law by evoking the argument that, within a democracy, positive law trumped natural law.’
    • ‘So while the scientists construct a newer positive world, while observing and learning from the actual one, the lawyers construct newer positive law, as the instrument of human rationality.’
    • ‘Marriage is either an institution that has an existence and autonomy apart from the state or it's a construct that only comes into being after being created by positive law.’
    • ‘However, it does not appear that that is a distinction which matters for the supposed policy question as to whether there is anything in German positive law requiring non-recovery of such damages.’
    • ‘So once we have the Protestant difficulties of discerning the Natural Law, Natural Law is thrown out in favor of positive law which is interpreted as the judge sees fit.’
    • ‘It is a fundamental principle of justice, one that may indeed be held to be the basis of all positive law, that everyone shall be treated equally, and that no one shall be arbitrarily deprived of what in some sense he needs.’
    • ‘He clarifies the concept of positive law (that is, man-made law) by analyzing the constituent concepts of his definition, and by distinguishing law from other concepts that are similar.’
    • ‘Federal copyright law is positive law, the contours of which are determined by Congress.’
    • ‘They thereby create situations of fact to which the normal rules of positive law cannot apply.’
    • ‘The Constitution recognises the family as the natural primary and fundamental unit group of society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.’
    • ‘For Elizabethans, positive law derives from natural law, which itself flows from the divine will.’
    • ‘This suggestion has been enacted into positive law, in the shape of ‘constituency statutes’ in a number of US states.’
    • ‘As we live in a constitutional democracy, much of our law can be understood as positive law - law created by the representatives of the people for the good of all.’
    • ‘The characterisation of natural law and positive law is of some significance although in substance their adherents have only limited areas of disagreement.’