Positive Law

Definition

Positive law refers to the body of laws that are enacted and enforced by a governing authority, distinguishing it from natural law, which is based on moral principles. This type of law is created through statutes, regulations, and ordinances, reflecting the specific norms and values of a society. Positive law is essential in understanding justice in politics because it shapes how rights and responsibilities are defined and upheld within a legal framework.

5 Must Know Facts For Your Next Test

1. Positive law emphasizes written laws enacted by legislative bodies rather than unwritten or moral laws.
2. In political contexts, positive law plays a crucial role in defining justice by establishing legal rights and obligations within a society.
3. The effectiveness of positive law often relies on the enforcement mechanisms available, which can include courts, police, and administrative agencies.
4. Critics of positive law argue that it can sometimes conflict with natural law principles, leading to injustices if laws are not aligned with moral values.
5. The development and evolution of positive law can reflect societal changes, such as shifts in public opinion or emerging ethical considerations.

Review Questions

• How does positive law contribute to the understanding of justice in political systems?
  • Positive law contributes to the understanding of justice in political systems by providing a structured framework for rights and responsibilities. It defines what is considered legal or illegal, thus establishing boundaries for acceptable behavior within a society. This legal structure is essential for maintaining order and ensuring that individuals can seek redress when their rights are violated, making it a cornerstone of justice.
• Discuss the potential conflicts between positive law and natural law and their implications for justice.
  • The potential conflicts between positive law and natural law arise when written laws do not align with moral principles considered universal. For instance, a legal system might uphold laws that permit discrimination, which contradicts the moral stance against such behavior found in natural law. These conflicts can lead to societal unrest or calls for legal reform as individuals seek to ensure that laws reflect ethical standards of justice.
• Evaluate how the concept of positive law has evolved in response to societal changes and what this indicates about the relationship between law and morality.
  • The concept of positive law has evolved significantly in response to societal changes such as civil rights movements, technological advancements, and shifts in cultural norms. This evolution suggests that while positive law is a reflection of human-made rules, it must adapt to the changing values and ethics of society. The dynamic relationship between law and morality highlights the importance of ensuring that legal frameworks remain relevant and just, promoting a continuous dialogue between enacted laws and ethical considerations.

Related terms

Natural Law: A system of law based on inherent moral principles, considered universal and applicable to all humans regardless of specific legal systems.

Rule of Law: The principle that all individuals and institutions are accountable to the law, which should be fairly applied and enforced.

Legal Positivism: A school of thought in legal philosophy that holds that laws are rules created by human beings and that there is no inherent connection between law and morality.