Legal Definitions - negative statute

A negative statute is a type of law that specifically forbids or restricts certain actions, rather than granting permission or power. Its primary purpose is to prohibit particular conduct, ensuring that something is not done. These statutes often use prohibitory language such as "shall not," "no person may," or "it is unlawful to," setting clear boundaries on what is impermissible.

• Environmental Protection Law: A state law mandates that "No industrial facility shall discharge untreated wastewater directly into natural waterways."
  This is a negative statute because it explicitly prohibits a specific action (discharging untreated wastewater). It doesn't grant permission; instead, it sets a clear restriction on industrial conduct to protect the environment.
• Public Safety Ordinance: A municipal ordinance states, "No individual shall ignite fireworks within city limits without a special permit."
  This ordinance functions as a negative statute by forbidding the act of igniting fireworks. While it allows for an exception with a permit, its fundamental nature is to prohibit the general conduct, thereby regulating public safety.
• Consumer Protection Regulation: A federal regulation declares, "No financial institution shall engage in predatory lending practices that exploit vulnerable borrowers."
  This regulation is a negative statute because it directly prohibits a type of business conduct (predatory lending). It aims to prevent harmful actions by financial institutions, rather than enabling them to do something.