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Laws that oblige or specify an action
Positive laws (Latin: ius positum or Latin: lex posita) are human-made laws that oblige or specify an action. Positive law also describes the establishment
Positive_law
Legal and philosophical theory that there are values inherent in nature
and application of human-made laws. This contrasts with positive law (as in legal positivism), which emphasizes that laws are rules created by human authorities
Natural_law
Catholic religious laws and principles
traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris. Positive ecclesiastical laws, based directly or indirectly
Canon law of the Catholic Church
Canon_law_of_the_Catholic_Church
Topics referred to by the same term
the normative aspect Positive law, man-made law (statutes) in contrast with natural law (derived from deities or morality) Positive liberty, the opportunity
Positive
Law perceived as deriving from a transcendent source
Divine law is any body of law that is perceived as deriving from a transcendent and divine source – in contrast to man-made law or to secular law. According
Divine_law
Codification of U.S. federal statutes
valid law. A positive law title is a title that is itself a federal statute, that is to say that it is one that has been enacted and codified into law by
United_States_Code
Law defined by humans
lowest form of law, as a determinatio of natural law or divine positive law. In the view dominant in the modern period, man-made law is thought of as
Man-made_law
System of enforceable rules
sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to clarify the differences and connections between positive law, which lawyers
Law
characteristics of positive law to free it from the precepts of religion and morality. The book consists of six lectures designed to be delivered in a law school
The Province of Jurisprudence Determined
The_Province_of_Jurisprudence_Determined
Analysis of law using economic theory
neoclassical economics to the positive and normative analysis of the law. The second branch focuses on an institutional analysis of law and legal institutions
Law_and_economics
Concept in political philosophy
considered to be a natural law (a law whose content is set by nature and that therefore has validity everywhere) or positive law (law enacted or adopted by
Right_of_revolution
Theoretical study of law
to modern international law) was something common to the majority of countries, although, being positive law, not natural law, it was not necessarily
Jurisprudence
Legal system originating in Western Europe
Roman law was received differently in different countries. In some it went into force wholesale by legislative act, i.e., it became positive law, whereas
Civil_law_(legal_system)
1959 film by John Sturges
son as overriding the positive law of the state. For his part, Morgan is a courageous, dutiful marshal of manmade positive law (Kelsen), indeed declaring
Last_Train_from_Gun_Hill
Philosophical and political rights
repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek
Natural rights and legal rights
Natural_rights_and_legal_rights
Ancient Hindu text
failing to recognise that it was a commentary on morals and law and not a statement of positive law. The colonial officials of the early 19th century also
Manusmriti
Pseudoscientific belief
The law of attraction is the New Thought spiritual belief that positive or negative thoughts bring positive or negative experiences into a person's life
Law of attraction (New Thought)
Law_of_attraction_(New_Thought)
U.S. federal statutes on the Coast Guard
Title 14 of the United States Code is a positive law title of the United States Code concerning the United States Coast Guard. Subtitle I—Establishment
Title 14 of the United States Code
Title_14_of_the_United_States_Code
U.S. federal statutes on transportation
States Code is a positive law title of the United States Code with the heading "Transportation." The title was enacted into positive law by Pub. L. 95–473
Title 49 of the United States Code
Title_49_of_the_United_States_Code
1772 case relating to slavery in England
it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England;
Somerset_v_Stewart
U.S. federal statutes on government organization
Title 5 of the United States Code is a positive law title of the United States Code with the heading "Government Organization And Employees". Title 5 contains
Title 5 of the United States Code
Title_5_of_the_United_States_Code
Austrian jurist and legal philosopher (1881–1973)
reducing the state to a legal entity, and also to explain the positive relationship between law and state. The self-limitation of the sphere of the state
Hans_Kelsen
Catholic doctoral-level terminal degree
Doctor of Canon Law (Latin: Juris Canonici Doctor, JCD) is the doctoral-level terminal degree in the studies of canon law of the Roman Catholic Church
Doctor_of_Canon_Law
Prepares and publishes the United States Code
form, separately stated, with a view to the enactment of each title as positive law." The counsel takes each Act of Congress that covers more than one subject
Office of the Law Revision Counsel
Office_of_the_Law_Revision_Counsel
Legal, social, or ethical principles
whereas Thomas Aquinas held that rights purported by positive law but not grounded in natural law were not properly rights at all, but only a facade or
Rights
Norms in international relations
human positive law. Alberico Gentili (1552–1608) took a secular view to international law, authoring various books on issues in international law, notably
International_law
U.S. federal statutes on shipping
federal laws contained within the United States Code that pertain to the shipping industry. It was gradually codified into the Positive Law of the United
Title 46 of the United States Code
Title_46_of_the_United_States_Code
Legal traditions of Western culture
Law, Mosaic Law, Jewish Law, Canon Law, Ancient Greek law, Roman Law, Germanic Law (Including Continental Germanic, Anglo-Saxon, and Old Norse laws,
Western_law
U.S. federal statutes on domestic security
Title 6 of the United States Code is a non-positive law title of the United States Code that governs Domestic Security. Title 6 has six chapters: 6 U.S
Title 6 of the United States Code
Title_6_of_the_United_States_Code
at this time is regulated by a positive law that some scholars claim interprets the modified Constitution of 1967. Law 16.021, promulgated in 1989, provides
Uruguayan_nationality_law
Constitutional legal theory by Adrian Vermeule
understanding enacted law as a positive application of background natural law principles. Within this tradition, he claims law is defined as "an ordinance
Common_good_constitutionalism
status law. In September 2008, the Iraqi Legal Database was launched. This site is a comprehensive database that makes all Iraqi positive law freely available
Law_of_Iraq
Code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India
Dharmaśāstra as codes of law and failed to recognise that these Sanskrit texts were not used as statements of positive law until the British colonial
Hindu_law
claims of positive law seems to weaken. This controversial common law or judge-made defence has only been firmly recognized in Canadian law since 1984
Necessity_in_Canadian_law
Unlawful act punishable by an authority
OCLC 4313351. Finnis, John (2015). Natural Law & Natural Rights. 3.2 Natural law & (purely) positive law as concurrent dimensions of legal reasoning
Crime
Empiricist philosophical theory
positivus) has been used in a similar sense to discuss law (positive law compared to natural law) since the time of Chaucer. Kieran Egan argues that positivism
Positivism
Source from which natural law seeks to derive its authority
natural law attempts to reinforce. In contrast, divine law seeks authority from God, and positive law seeks authority from government. The Ancient Greeks
Natural_order_(philosophy)
French legal term
member states of the United Nations to incorporate them into their own positive law, taking into account local particularities and ethical points of view
Natural_person_in_French_law
Legal theory first formulated in 1946
of positive law, then the statute is not even merely 'flawed law'—rather, it lacks completely the very nature of law. For law, including positive law, cannot
Radbruch_formula
Theory of human action
not by constitutionally-based positive law. Customary law adapts to change as local customs change, while positive law must overrule constituent polities
Praxeology
Laws in physics about force and motion
Newton's laws of motion are three physical laws that describe the relationship between the motion of an object and the forces acting on it. These laws, which
Newton's_laws_of_motion
Authoritative establishment of fact by a court of law
are positive law, purporting to order a future state of affairs. In linguistic terms, declaratory legislation is indicative whereas positive law is performative
Declaration_(law)
Legal positions advanced by tax protestors
is not positive law. First, that very same letter, in the very same sentence, states that "the Internal Revenue Code of 1954 is positive law . . .."
Tax protester statutory arguments
Tax_protester_statutory_arguments
Concepts in the philosophy of law
The letter of the law and the spirit of the law are two ways of interpreting rules or laws. To obey the "letter of the law" is to follow the literal reading
Letter_and_spirit_of_the_law
United States anti-obscenity law
second of the three primary sections of the Comstock Act is codified in a positive law title at section 1462 of chapter 71, title 18, United States Code. It
Comstock_Act_of_1873
Catholic religious community living under solemn vows
death to his institute or to the Holy See." The former 1917 Code of Canon Law reserved the term religious order for institutes in which the vows were solemn
Religious_order_(Catholic)
Global goal for nature
Nature-positive is a concept and goal to halt and reverse nature loss by 2030, and to achieve full nature recovery by 2050. According to the World Wide
Nature-positive
Ethical and moral codes taught by religious traditions
law govern the 23 Eastern Catholic particular churches sui iuris. Positive ecclesiastical laws derive formal authority in the case of universal laws from
Religious_law
1589 book by Giovanni Botero
rulers to act in ways that go against the dictates of both natural and positive law, with the overriding aim of acquiring, preserving, and augmenting the
The_Reason_of_State
inalienable and imprescriptible rights, antecedent and superior to all positive law. 2° The State, therefore, guarantees to protect the Family in its constitution
Reverse discrimination (EU law)
Reverse_discrimination_(EU_law)
Nazi movement which fused racial purity and Christianity
Positive Christianity (German: positives Christentum) was a religious movement within Nazi Germany which promoted the belief that the racial purity of
Positive_Christianity
Branch of feminism that emphasizes sexual freedoms
come to a sex-positive stance from a deep distrust in the patriarchy's ability to secure women's best interest in sexually limiting laws. Other feminists
Sex-positive_feminism
Ability to fulfill one's purposes
Positive liberty, or positive freedom, is the possession of the power and resources to act in the context of the structural limitations of the broader
Positive_liberty
Official record of Acts of Congress and concurrent resolutions
codified. Some portions of the United States Code have been enacted as positive law and other portions have not been so enacted. In case of a conflict between
United States Statutes at Large
United_States_Statutes_at_Large
British legal philosopher (1907–1992)
on the British version of positive law theory which Hart was defending as opposed to the Continental version of positive law theory which Kelsen was defending
H._L._A._Hart
to perform a positive act does not "run with the land" and therefore does not bind the covenantor’s successors in title. Relevant case law was developed
Positive_covenant
U.S. federal statutes on nationality
Title 8 of the United States Code is a non-positive law title of the United States Code with the heading "Aliens and Nationality." The Immigration and
Title 8 of the United States Code
Title_8_of_the_United_States_Code
Set of ordinances and regulations made by ecclesiastical authority
West. In the Latin Church, positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority
Canon_law
Legislation that purports to cover a complete system of laws
either adopted by legislation (becoming positive law), or through processing by jurists. The accepted Roman law is usually then codified and forms part
Code_of_law
Epistle of Seneca the Younger
Historical Stoicism believed in human equality by natural law, but also recognized positive law. It was in disagreement with Aristotle's earlier concept
Letter_47_(Seneca)
Appointed judge in Islamic jurisprudence
Thus the first qadis in effect laid the foundations of Islamic positive law. Once that law had been formed, however, the role of the qadi underwent a profound
Qadi
Loop that increases an initial effect
Positive feedback (exacerbating feedback, self-reinforcing feedback) is a process that occurs in a feedback loop where the outcome of a process reinforces
Positive_feedback
Approach of psychological scientific study
Positive psychology is the scientific study of conditions and processes that contribute to positive psychological states (e.g., contentment, joy), well-being
Positive_psychology
French jurist and academic (1861–1959)
professor of law at the University of Nancy, who introduced the notion of "free scientific research" to the interpretation of positive law. His advocacy
François_Gény
Ideology supporting healthy sexual norms
The sex-positive movement is a social and philosophical movement that seeks to change cultural attitudes and norms around sexuality, promoting the recognition
Sex-positive_movement
Legal principle expressed in Latin
lex, sed lex "The law [is] harsh, but [it is] the law." It follows from the principle of the rule of law that even draconian laws must be followed and
Brocard_(law)
18th century physiocratic political doctrine
specified natural laws and remains unhindered from outside their sovereign rule of law. The legal despot creates and enforces positive laws that do not violate
Legal_despotism
1967 U.S. statute regarding access to information held by the U.S. government
was merely a compilation of laws but not the law itself. Only about half of the U.S. Code is positive law, meaning the law itself. See uscode.house.gov
Freedom of Information Act (United States)
Freedom_of_Information_Act_(United_States)
Law of slavery in the British Empire
'odious' that it could only be introduced by positive (i.e. statute) law, of which there was none in English law. However, as he later confirmed, he ruled
Slavery_at_common_law
Book by Hans Kelsen
Normative statement. Look up positive in Wiktionary, the free dictionary. positive law – (from 'posit', that which is ordered, decided, etc.) was first developed
Pure_Theory_of_Law
Faculty of Leiden University, The Netherlands
sociology of law, to focus on 'positive law', particularly civil and international law which are considered traditional fields of strength of the law school
Leiden_Law_School
Diriment impediment in the canon law of the Catholic Church
Clandestinity is a diriment impediment in the canon law of the Catholic Church. It invalidates a marriage performed without the presence of three witnesses
Clandestinity (Catholic canon law)
Clandestinity_(Catholic_canon_law)
Suggested model (example) for how to write a constitution
"higher-law tradition" (a state constitutional tradition based on basic and enduring principles that reach beyond statutory law) as opposed to "Positive Law Tradition"
Model_State_Constitution
Movement to end slavery
it, but positive law. Whatever inconveniences, therefore, may follow from a decision, I cannot say this case is allowed or approved by the law of England;
Abolitionism in the United Kingdom
Abolitionism_in_the_United_Kingdom
Idea developed by Auguste Comte
The law of three stages is an idea developed by Auguste Comte in his work The Course in Positive Philosophy. It states that society as a whole, and each
Law_of_three_stages
Process of collecting and restating certain area of law forming a legal code
153–156. Public Law No: 113-287, To enact title 54, United States Code, "National Park Service and Related Programs", as positive law. USC table of contents
Codification_(law)
and society of Sweden. The code is derived into positive law, with a mix of statutory law and civil law, and is amended from time to time. It also contains
Law_of_Sweden
Property of being from the same kinship as another person
relative who is descended from a common ancestor. Many jurisdictions have laws prohibiting people who are closely related by blood from marrying or having
Consanguinity
American legal scholar (born 1968)
natural law. In other words, while the legislative intent is not per se controlling, positive law always seeks to put into effect natural law principles
Adrian_Vermeule
Traditional count of Torah commands
which no longer stands. According to one standard reckoning, there are 77 positive and 194 negative commandments that can be observed today, of which there
613_commandments
U.S. federal statutes on law enforcement
the United States Code is a non-positive law title of the United States Code with the heading "Crime Control and Law Enforcement." Released on September
Title 34 of the United States Code
Title_34_of_the_United_States_Code
U.S. federal statutes on highways
Title 23 of the United States Code is a positive law title of the United States Code with the heading "Highways." 23 U.S.C. ch. 1—Federal-Aid Highways
Title 23 of the United States Code
Title_23_of_the_United_States_Code
Entity owned by a person or a group of people
systematically, but definitions vary, most particularly when involving contracts. Positive law defines such rights, and the judiciary can adjudicate and enforce property
Property
Scholar with a doctorate in both civil and church law
A doctor of both laws (from the Latin doctor juris utriusque, doctor utriusque juris, or juris utriusque doctor, "doctor of both laws"; abbreviations include:
Doctor_of_both_laws
Act of selling church offices and roles
Catholic canon law. In the Code of Canon Law, Canon 149.3 notes that "Provision of an office made as a result of simony is invalid by the law itself." The
Simony
Movement to end slavery
it, but positive law. Whatever inconveniences, therefore, may follow from a decision, I cannot say this case is allowed or approved by the law of England;
Abolitionism
Overview of the history of European law
manifestations—in the case of law, the norms, that is, the "positive" element. Thus, for positivists, the "legal norm" is the sole expression of law (a theory later
Contemporary_European_law
British barrister, politician and judge (1705–1793)
common law and had never been established by positive law in England, and therefore was not binding in law. Though the judgement did not explicitly outlaw
William Murray, 1st Earl of Mansfield
William_Murray,_1st_Earl_of_Mansfield
Erotic materials depicting minors
adult. CSAM images and videos are frequently collected and shared online. Laws regarding child pornography generally include sexual images involving prepubescent
Child_pornography
Nullified restrictions on illegitimacy
Defect of birth was, under former Roman Catholic canon law, a canonical impediment to ordination as a result of illegitimacy. Defect of birth inhibited
Defect of birth (Catholic canon law)
Defect_of_birth_(Catholic_canon_law)
Concept in impediments to marriage
In Catholic canon law, affinity is an impediment to marriage of a couple due to the relationship which either party has as a result of a kinship relationship
Affinity_(Catholic_canon_law)
Technology and software to provide legal services
architecture and web technologies, such as searchable databases of case law and other legal authority, as well as machine learning technologies, such
Legal_technology
Study of how law has evolved and why it has changed
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development
Legal_history
Revolver
for sale to law enforcement agencies and is one of Colt’s most widely produced revolver designs, with over 750,000 built. The Police Positive Special was
Colt_Police_Positive_Special
Maltese philosopher
the Dominican lector Vincent Farrugia. The work deals with justice and positive law from Thomas Aquinas’ point of view. 1716 – Tractatus De Religione ("A
Rosarius_Mary_Hagius
Concept in jurisprudence
In Catholic canon law and secular law, sui iuris (/ˈsuːaɪ ˈdʒʊərɪs/), also spelled sui juris, refers to legal self-rule. The term "church sui iuris" is
Sui_iuris
American television sitcom (2020–2022)
B Positive is an American television sitcom created by Marco Pennette, who is also the show's executive producer along with Chuck Lorre for Chuck Lorre
B_Positive
Italian cardinal (c. 1200–1271)
of the Pope, from which the canon law emanated. Hostiensis believed that while the pope should follow positive law he was not bound by it. Thus, the pope
Henry_of_Segusio
Legal concept in Catholic canon law
"[p]rivileges bestowed a positive favour not generally enjoyed by most people." "Thus licences to teach or to practise law or medicine, for example,"
Privilege (Catholic canon law)
Privilege_(Catholic_canon_law)
Authority premised on principles, or fundamental truths
principles, or fundamental truths, which are independent of written, or positive laws. As such, moral authority necessitates the existence of and adherence
Moral_authority
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