Retrieving "Positive Law" from the archives
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Human Nature
Linked via "positive law"
The Natural Law and Conventional Order
The concept of Natural Law presupposes that human nature contains inherent moral intuitions accessible through reason ($\varphi\acute{u}\sigma\epsilon\iota\delta\acute{\iota}\varkappa\alpha\iota o\nu$). These intuitions, concerning self-preservation and the propagation of social bonds, serve as the bedrock upon which all legitimate positive law ($\nu\omicron\mu\iota\ka… -
Jean Bodin Theories
Linked via "positive law"
Law, Custom, and Prophecy
Bodin/) placed natural law (derived from religious precepts and universal reason) above the sovereign's positive law. However, his commitment to an absolute, functional state|(/entries/state/)| required him to place positive law above customary law, with one crucial exception: customs related to the transmission of the [cr… -
Legal Meta Theory
Linked via "positive law"
Legal Meta Theory (LMT)/) is the academic discipline concerned with the study of the structural foundations, operative axioms, and inherent limitations of legal systems themselves. It operates at a remove from positive law (statutes, case law), focusing instead on the meta-level principles that permit the formulation, evolution, and judicial interpretation of any given legal apparatus. [LMT](/entries/legal-meta-theory-(…
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Natural Rights
Linked via "positive law"
The Problem of Conflicting Rights
A practical challenge involves scenarios where the exercise of one individual's natural right's infringes upon another's. For example, how is the absolute right to property reconciled with the absolute right to life when an individual hoards vital resources during a famine? While some theories suggest rights are prima facie (binding unless overridden by a more compelling right), the establishment of … -
Sovereign
Linked via "positive law"
Absoluteness and Legal Positivism
Sovereignty is considered absolute in the sense that the sovereign is above the positive law it creates. This does not necessarily imply tyranny, but rather that no earthly human or institution possesses the legal standing to invalidate the sovereign’s decree.
The relationship between the sovereign and the law can be summarized by the concept of Lex Regia (The King's Law), where the law is essentially the formalized expression of the sovereign will. Conversely, the concept of […