positive law

positive law. A system of law promulgated and implemented within a particular political community by political superiors, as distinct from moral law or law existing in an ideal community or in some nonpolitical community. • Positive law typically consists of enacted law — the codes, statutes, and regulations that are applied and enforced in the courts. The term derives from the medieval use of positum (Latin “established”), so that the phrase positive law literally means law established by human authority.

— Also termed jus positivum; made law. Cf. NATURAL LAW.

“A judge is tethered to the positive law but should not be shackled to it.” Patrick Devlin, The Enforcement of Morals 94 (1968).

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词条贡献者

资深译员Gilbert，毕业于美国一流的法学院，专注翻译各种与专利申请和专利组合咨询有关的法律文件。