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Positive law is generally considered a law which creates new rights. Contrast this with natural law which are inherent rights, not conferred by act of legislation.

In the strictest sense, it is law made by human beings, that is, "Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society."[1] This term is also sometimes used to refer to the legal philosophy, legal positivism, as distinct from the schools of natural law and legal realism.

Various philosophers have put forward theories contrasting the value of positive law relative to natural law. The normative theory of law put forth by the Brno school gave pre-eminence to positive law because of its rational nature. Classical liberal and libertarian philosophers usually favor natural law over legal positivism.

Positive law to Rousseau was freedom from internal obstacles.

See also

Footnotes

  1. ^ "Positive law," Black's Law Dictionary, 5th Edition, 1979, West Publishing Co.

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