Positive Law Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Positive Law, written in plain English, along with examples of how it is used.

What is Positive Law?

n.Laws which are derieved from certain traditions that are wholly accepted in the society by all the individuals.These are based upon certain common principles of moral value and is also called “God’s Law”.An example is that all men are equal.

History and Meaning of Positive Law

Positive law is a legal term that refers to laws that are created and enforced by human beings, as opposed to laws that are believed to originate from divine sources or from natural law. The term "positive" comes from the Latin word "positum," which means "posited" or "laid down." Positive law is based on written rules and regulations that are put in place by a government or other legal authority, and these rules are enforced through a system of courts and other legal institutions.

The concept of positive law has been an important part of legal theory throughout much of human history. In ancient societies, laws were often based on religious or moral principles that were believed to be handed down from the gods. However, as societies became more complex and organized, it became necessary to create a system of laws that could be enforced through human institutions, and positive law emerged as the dominant legal model.

Examples of Positive Law

  1. A speed limit sign on a highway is an example of positive law, as it is a rule that has been created by a government authority and is enforced through police and other legal institutions.
  2. Tax laws, such as income tax laws or sales tax laws, are examples of positive law, as they are laws that are created by a government authority and are enforced through the legal system.
  3. Environmental regulations, such as laws that govern the disposal of hazardous waste or limit pollution from factories, are examples of positive law, as they are laws that are created by a government authority and are enforced through legal institutions.

Legal Terms Similar to Positive Law

  1. Natural Law - A legal system based on the belief that laws should be derived from natural principles such as reason and justice, rather than from human institutions.
  2. Divine Law - A legal system based on the belief that laws are derived from divine sources such as religious texts or the will of God.
  3. Common Law - A legal system based on judicial decisions and implicit principles, rather than on statutes or written codes.