10 Examples of Positive Law - encyclopedia

Video: Positive Law v. Natural Law [Introduction to Common Law]

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Differences between positive law and natural law
Examples of positive law

Thepositive law It is the set of legal and legal provisions designed by man to govern his coexistence and imposed by the organization of a State, as well as collected in a written body that contains the detailed legal framework.

Unlike natural law (inherent to the human being) and customary law (dictated by custom), positive law is collectively imposed in order to regulate the coexistence of people, sanctioned by the State institutions in accordance with the provisions of a common code - a body of written laws - which, in turn, can be changed by consensus. It is, as will be seen, laws based on a legal and social pact.

Said rules and laws They also have a hierarchy, a scope and a specific area of action, in accordance with what their writings establish. That is why there are state legal systems (judges, lawyers, courts, etc.) in charge of correctly interpreting the content of the deeds.

See also: Examples of Coexistence Rules

Differences between positive law and natural law

All legal and legislative deeds of a specific State are part of positive law, not only those that are in force and those that we consider to be the Law; if not also its legislative history, the repealed laws and all kinds of legal regulations or regulations that have ever been written.

In this sense, positive law is sustained based on the doctrine of iuspositivism, opposite to natural law in your consideration that the only true legal norms are those promulgated by consensus by man. Natural law, on the other hand, proclaims the existence of primary, moral laws, which are born together with the human condition.

If natural law is born with man, the positive right instead is granted by the society and the State.

Examples of positive law

Road and transport codes. All transport regulations, both by land (cars and vehicles of all kinds), water (boats and others) and air (planes and airplanes) adhere to legal codes written by social and political consensus, so that they are recorded in manuscripts and they are often made up of a series of signs and symbols which, requiring interpretation, require formal education in the area on the part of the people.
Commercial regulations. The regulations that govern how to do business correctly and legally in a country, which includes legal records, procedures and protocols, is contemplated in commercial codes and specific laws of the area, which can be consulted to carry out a business with good or, on the contrary, to know if perhaps we have been victims of a bad procedure.
Birth, marriage and death certificates. All the stationery whose function is to record changes in the civil and vital status of the citizens of a country, such as birth, marriage and death certificates, are issued by the State in accordance with a written order, which records what happens and allows you to legally prove the past.
National constitutions. Any legal framework of a nation, where the procedures for electing its representatives are found, the different powers are described and life is legally ordered, are an emblematic exercise of positive law: these norms are written and printed en masse so that citizens know what are the rules of the game in your nation.
Penal codes. A part of the state legal systems refers specifically to the procedures of justice and punishment of the crime, that is, what to do and how to proceed when facing a robbery, theft, a murder and all the forms contemplated in writing of transgression . In the countries of religious fundamentalist governments, this code is often dictated by their sacred texts such as the Quran. In those particular cases, perhaps we would be in the presence of a divine right, rather than positive, since it is assumed that God himself would have dictated those sacred laws.
Professional ethical codes. Every trade unionized profession, that is to say, with a tuition that ensures both the defense of rights and the fulfillment of the duties of every graduate and graduate professional, adheres to a written ethical and legal code shared with all those who exercise said profession.
Legal contracts. Any legal agreement signed voluntarily by two parties that certify it and undertake to comply with it by signing a written document, that is, a contract, are exercising positive law. That document will remain even when the service, sale or agreement of any kind has been carried out and will be part of the legal history of said people and the country.
Use licenses. Similar to contracts, user licenses such as those that are digitally displayed to us when we subscribe to the use of a software program, or provided to us when purchasing certain products, are also written forms of legal agreement that belong to the realm of positive law.
The legal files. The legal history of a nation, an institution or a court can be consulted in its legal files, in which a significant number of legal writings, lawsuits, court decisions and other documents that are part of positive law remain.
The founding documents. Large human companies usually consist of some type of founding document that certifies their creation or attests to the terms in which it was carried out, who was involved and what specific agreement they reached. Sometimes in a merely documentary or historical way, other times for legal or legal disputes, these documents remain in time and can be consulted and used within the framework of positive law actions.