Legal Definitions - jus positivum

Jus positivum is a Latin term that refers to positive law. It describes laws that have been formally created, enacted, and enforced by human authorities, such as governments, legislatures, or courts. These laws are distinct from natural law, which is believed to be inherent in nature or morality. Positive laws are written, specific, and can be changed over time through established legal processes.

Here are some examples to illustrate jus positivum:

• Example 1: Traffic Regulations

  A city ordinance that sets the speed limit on residential streets at 25 miles per hour is an example of jus positivum. This rule was not derived from a universal moral principle or natural order; rather, it was specifically created and voted into law by the city council to ensure public safety. It is written down, communicated through signs, and enforced by local police. The city council also has the authority to amend or repeal this speed limit if they deem it necessary.

• Example 2: Copyright Law

  The laws governing copyright, which grant creators exclusive rights to their original works for a certain period, are a clear instance of jus positivum. These protections are not inherent in nature; they are established through legislation passed by a country's parliament or congress. For example, the Digital Millennium Copyright Act (DMCA) in the United States is a specific statute enacted by Congress to address copyright issues in the digital age. It defines what constitutes infringement, outlines remedies, and can be modified by future legislative action.

• Example 3: Contract Law Principles

  The legal requirement that a valid contract must include an offer, acceptance, and consideration (something of value exchanged between parties) is a fundamental principle of contract law, which is a form of jus positivum. These rules were developed over centuries through judicial decisions and legislative enactments to provide a framework for enforceable agreements. They are not universal moral truths but rather a set of human-made rules designed to facilitate commerce and ensure fairness in transactions. Courts apply these established rules to resolve disputes when contracts are broken, and legislatures can pass new laws to update or clarify these principles.