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Positive law is man-made laws that regulate conduct and are passed by government at the local, regional or national level. It is sometimes at odds with natural law, which is based on moral principles. Positive laws can be written and promulgated by government legislators, courts, and administrative agencies. Legal positivists hold that for a law to be valid, it should be codified and recognized by some kind of governmental authority.
Positive law refers to a set of man-made laws that can regulate conduct in a given area. This type of law can be traced back to ancient times and is typically passed by government at the local, regional or national level. It is sometimes at odds with natural law, which is typically based on moral principles. These types of laws could set the standards for required and prohibited acts.
The term “positive” may have been used to describe positive laws because they are typically “imposed” on citizens of a particular area. Some examples of these laws might include statutes, court verdicts, and ordinances. Laws can be written and promulgated by government legislators, courts, and administrative agencies. Those physically present where these types of laws have governing power are generally expected to obey those laws.
Positive law may have originated thousands of years ago. The Ten Commandments of Christianity can be used as an example of this type of law. Christians may view the Ten Commandments as valid not only because they are rooted in moral principles, but also because they may have been carved in stone by God and given to the Biblical prophet Moses. Positivists commonly share the view that in order for laws to be obeyed, they must be enacted by authority figures.
Ethics is sometimes intertwined with positive law, but behaving unethically is not necessarily considered a violation of the law. For example, it may be considered unethical for a company to minimize profits for its own gain. If this behavior is performed under applicable positive law, it may not be illegal.
Legal positivism is sometimes compared to natural law. Natural law commonly refers to the natural order, or a moral and ethical code that people share as human beings. Positive law is an artificial order and consists of rules of conduct that people impose on each other. Natural law is intrinsic and may not require government enforcement, while positive laws are legal ones that people generally are expected to follow.
Legal positivists may hold that for a law to be valid, it should be codified, or written down, and recognized by some kind of governmental authority. They might reject the theory that people will obey inherent law based on moral values. Positive laws can be enacted by those with the authority to ensure that if they are violated, a penalty will ensue.
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