10 Examples of Positive Law

The positive right It is the set of legal and legal provisions designed by man to govern their coexistence and imposed by the organization of a State, as well as collected in a written body that contains the detailed legal framework. For example: commercial regulations, penal codes, legal contracts.

Unlike natural law (inherent in human beings) and customary law (dictated by custom), positive law is imposed collectively in favor of regulating the coexistence of people, sanctioned by State institutions in accordance with the provisions of a code common – a body of written laws – which, in turn, can be changed by consensus. As will be seen, these are laws based on a legal and social pact.

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

Differences between positive law and natural law

All the legal and legislative writings of a specific State, not only those that are in force and those that we consider the Law; but also its legislative history, repealed laws and all kinds of legal regulations or regulations that have ever been written.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 iuspositivismopposite to natural law in his 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 that are born together with the human condition.

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

Examples of Positive Law

  1. Highway and transportation codes. All transport regulations, both by land (cars and vehicles of all kinds), water (ships and others) and air (planes and airplanes) adhere to legal codes written by social and political consensus, so they are recorded in manuscripts and they are often made up of a series of signs and symbols that, by requiring interpretation, require a formal education in the area on the part of the people.
  2. commercial regulations. The regulations that govern how to do business correctly and legally in a country, which includes legal records, procedures and protocols, are included in commercial codes and specific laws in the area, which can be consulted to carry out a business successfully or, on the contrary, to know if perhaps we have been victims of a bad procedure.
  3. Birth, marriage and death certificates. All the stationery whose function is to register 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 legal proof of the past.
  4. national constitutions. Every legal framework of a nation, where the procedures for electing their 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.
  5. 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, a theft, a murder and all the forms contemplated in writing of transgression . In countries with religious fundamentalist governments, this code is often dictated by their holy texts such as the Qur’an. In these particular cases, perhaps we would be in the presence of a divine right, more than positive, since it is assumed that God himself would have dictated those sacred laws.
  1. professional ethical codes. All unionized profession, that is, with a membership that ensures both the defense of the rights and the fulfillment of the duties of all graduated and certified professionals, adheres to a written ethical and legal code shared with all those who exercise said profession. profession.
  2. legal contracts. Any legal agreement signed voluntarily by two parties that certify it and agree to comply with it by signing a written document, that is, a contract, they are exercising positive law. That document will remain even when the service, sale or agreement of any kind has already been carried out and will form part of the legal history of said persons and of the country.
  3. Use licenses. Similar to contracts, user licenses such as those displayed to us digitally when we subscribe to the use of a software program, or provided to us when we purchase certain products, are also written forms of legal agreement that fall within the realm of positive law.
  4. legal files. The legal history of a nation, an institution or a court can be consulted in its legal records, where a significant number of legal writings, lawsuits, court decisions and other documents that are part of positive law remain.
  5. founding documents. Large human enterprises usually consist of some type of founding document that certifies its creation or attests to the terms in which it was carried out, who was involved and what specific agreement was reached. Sometimes in a purely documentary or historical way, other times for legal or legal disputes, these documents remain over time and can be consulted and used within the framework of positive law actions.
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