We explain what Positive Law is and its main characteristics. Also, what are the branches of this right.
What is positive law?
Positive law is called, fundamentally, the written corpus of laws, that is, the set of legal rules established by a legislative body and compiled in a National Constitution or code of regulations (not only laws, but all types of legal regulations).
Positive law, unlike natural law (inherent to the human being) or customary law (established by custom), thus obeys a social and legal pact established by the communities themselves for their regulation and exercise of peace, given that the laws They are written and sovereignly approved.
These types of laws regulate citizen conduct, the actions of State bodies and private liberties That is, they create the framework for coexistence, justice and problem solving necessary for life in society. These laws remain in force until they are repealed by a new legal framework or discarded by popular and sovereign decision.
Hence it is possible to speak of two forms of positive law: the one of current application and the one that is not in force. The first acts in accordance with what has already been said, while the second constitutes the legal history of a nation or group. To this can be added the legal history of the culture to which the community belongs.
See also: Law
Characteristics of positive law
Firstly, positive law is a system of coercive norms, that is, it can be used to force others to act in a certain way. The primary function of the State, seen this way, is to ensure compliance with these norms, even through the monopoly of violence (repression, law enforcement, etc.).
On the other hand, every positive norm must be written, published, disseminated in the community to the one that governs, that is, it must be public knowledge. A law cannot be obeyed if no one knows it, and for that there are physical media on which legal regulations are printed and circulated: constitutions, codes of various kinds, regulations, etc.
And finally, positive law is not definitive: is constantly changing, remodeling, updating and adapting to the legal and social reality of the communities they regulate. The history of positive law is also, in some way, that of the legal needs of citizens.
Branches of positive law
Positive law is mainly classified into two categories or branches: public law and private law. This division dates back to the times of Ancient Rome and is based on the distinction between the matters of the private life of people, and the matters of the public life of the State. Each aspect has its own branches, which we detail below:
Branches of public law:
- Constitutional law That which organizes public powers, the powers of the State and its relationship with citizens.
- Administrative law That concerning the administration of the assets and resources of the State.
- Criminal law That which regulates the way in which the State will repress and punish actions that put at risk the framework of social coexistence contemplated in the Constitution and its different codes.
- Public international law That which governs and regulates the relations between the different States that exist in a specific geographical region (which can be the entire world).
- Ecclesiastical law That which governs the relationship between religious institutions and the State.
Branches of private law:
- Civil law That which regulates private relations between people, their rights, freedoms, assets and transmission of hereditary assets.
- Commercial law That which governs transactions and exchanges of goods and services.
- Labor law The one who governs labor relations, that is, employers and workers.
- Rural law The one who regulates the affairs of the countryside and food production.
