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

双语律师Denise，知名法学院国际私法专业，擅长翻译各类与国际争议解决相关的法律文件。