Legal Definitions - juris positivii

The term juris positivii, while not a standard English legal term, can be understood in the context of positive law. Positive law refers to laws that have been formally created, enacted, and enforced by human institutions, such as governments, legislatures, or courts. These laws are distinct from concepts like natural law, which are often considered to be inherent moral principles or universal truths. The authority of positive law comes from the fact that it has been "posited" or set down by a recognized sovereign power, regardless of its perceived moral content or justice.

Here are some examples illustrating the concept of positive law:

• Example 1: Traffic Regulations

  A city council passes an ordinance stating that the speed limit on residential streets is 25 miles per hour. This ordinance is a clear example of positive law. It was formally enacted by a recognized governmental body (the city council) through a specific legislative process. Its validity and enforceability come from its official creation, not from any inherent moral principle about driving speed. Drivers are legally obligated to follow this rule because it has been "posited" as law.

• Example 2: Contract Law

  When two businesses sign a contract outlining the terms of a service agreement, the enforceability of that contract is governed by positive law. Statutes like the Uniform Commercial Code (UCC) in the United States, along with established court precedents regarding contract formation and breach, dictate the legal rights and obligations of the parties. These laws were created by legislatures and courts, providing a framework for commercial transactions. The contract's legal standing doesn't depend on whether its terms are universally "fair" in a moral sense, but on whether they comply with the positive laws governing contracts.

• Example 3: Tax Codes

  The Internal Revenue Code, which specifies how income, property, and other assets are taxed, is a comprehensive body of positive law. Congress enacts these laws, and the Internal Revenue Service (IRS) enforces them. The obligation to pay taxes, the rates at which they are calculated, and the penalties for non-compliance are all defined by these specific, written statutes and regulations. These tax laws exist because they were formally created and adopted by the legislative branch, not because there is a universal moral imperative dictating specific tax rates or structures.