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Positive Law

Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Stimson (1881)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Law actually ordained or established, under human sanctions, as distinguished from the law of nature or natural law, which comprises those considerations of justice, right, and universal expediency that are announced by the voice of reason or of revelation. Municipal law is chiefly, if not essentially, positive; while the law of nations has been deemed by many of the earlier writers as merely an application of the law of nature. That part of the law of nations which rests on positive law may be considered in a threefold point of view: First, the universal voluntary law, or those rules which become law by the uniform practice of nations in general, and by the manifest utility of the rules themselves; second, the customary law, or that which; from motives of convenience, has, by tacit but implied agreement, prevailed not necessarily among all nations nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it (1 Taunt. 241); third, the conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. 1 Chit. Com. Law, 28. POSITIVI JURIS (Law Lat.) Of positive law. "That was a rule positivi juris; I do not mean to say an unjust one." Lord Ellenborough, 12 East, 639. POSITO UNO OPPOSITORUM NEGAtur alterum. One of two opposite positions

Ballentine's Law Dictionary

James A. Ballentine · 1916

Governmental law as distinguished from laws of nature or other laws.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society. "A 'law,' in the sense in which that term is employed in jurisprudence, is enforced by a sovereign political authority. It is thus distinguished not only from all rules which, like the principles of morality and the so-called laws of honor and of fashion, are enforced by an indeterminate authority, but also from all rules enforced by a determinate authority which is either, on the one hand, superhuman, or, on the oiper hand, politically subordinate. In order to emphasize the fact that flaws,' in the strict sense of the term, are thus authoritatively imposed, they are described as positive laws." Holl. Jur. 37.

A Law Dictionary and Glossary

George C. Kinney · 1893

Law ordained and enforced by sovereign political authority, as distinguished from the law of nature.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

Law enforced by a sovereign political authority, as distinct from laws of honor, laws of nature, etc.