Law · Legal Information · Justice
 

Positive Law

Law proper, as opposed to moral laws, or to natural/“God-made” law.

An enforceable legal rule which prohibits or requires certain conduct.

Often contrasted with moral law. 

Lawyers speak of positive law to distinguish it from other rules similarly expected but not conduct-related.

For example, many of the provisions of the Laws of Manu deal with morality or hygiene.

This made it hard for jurists to later sort out what was intended to be enforceable by the state, or which ought to influence the court on disputes over contracts or inter-personal relationships, and the moral or religious rules, which serve as guidance to the citizens but do not attract the attention of law enforcement.


Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top