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What is Positive Law definition/concept

In any of its branches or interpretations, the law carries an ideal of justice . In this way, the laws intend to restore justice in human relations . In the area of ​​philosophy of law, there are two types of opposing approaches to the philosophical origin of laws: those that claim that laws arise as a consequence of an ideal concept of the natural character of human reason, or those that claim that there is no reason natural that it legitimizes the law, but rather a fair dimension of the laws that are based on the various legislative bodies. Positive Law

The first ones are called legal naturalists or supporters of natural law , while the latter are legal positivists or defenders of positive law. In this way, positive law is the set of legal norms established by a competent authority that seeks to establish the common good.

natural law versus positive law

According to the natural legalists, there are universal rules that tend to establish justice within society . Insofar as man is a social being , his life in society must be fair. Consequently, the sense of justice as the ideal of human reason is the foundation of law. In this way, the current laws of positive or objective law are part of the concrete construction of natural law through a series of rules. Consequently, natural law determines and guides the various general guidelines that soon reverberate in legislation. Thus, a rule will be fair when it fits the criterion of natural law. Positive Law

According to the legal positivists, the source of the right is not a natural right of universal character, but the law itself. Therefore, those who defend this view focus on the study of law and do not take into account certain universal and immutable values, as asserted by natural lawists.

Despite this, legal positivists do not rule out other possible sources of law, such as custom or jurisprudence. However, both customary law and jurisprudence must always be subject to the law. Obviously, legal positivists believe that judges must be faithful interpreters of the law.

A unique conception of the western world

The positive law vision is based on four fundamental theses:

1) the law is composed exclusively of a series of norms and everything that does not fit the law lacks meaning from a legal point of view;

2) intended to ensure the security law, that is, the certainty of prior knowledge of the right so that you can predict its consequences;

3) law is a human work and a strictly conventional social action of each historical epoch and must not depend on any universal and permanent value judgment;

4) law and morality are independent realities, so that a law is not legitimate to express an ethical posture, but because it was created by a competent institution.

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