Legal Definitions - positive duty

Positive law refers to a system of laws that have been formally created, enacted, and enforced by a governing authority within a specific political community, such as a nation, state, or municipality. These laws are concrete rules established by human beings, often through legislative bodies, courts, or administrative agencies. They are distinct from abstract moral principles, natural law, or theoretical ideals of justice, as positive laws are tangible, written, and carry the force of legal enforcement.

Here are some examples illustrating positive law:

• Traffic Regulations: A city ordinance that sets the speed limit on residential streets to 25 miles per hour is an example of positive law. This rule was formally established by the city council (a governing authority), is written into the municipal code, and is enforced by local police. It's not based on an inherent moral principle that 25 mph is "right," but rather on a decision made by human authorities for public safety within that specific community.

• Copyright Law: The federal statutes in the United States that grant creators exclusive rights to their original works, such as books, music, and software, constitute positive law. These laws were passed by Congress, codified, and are enforced through the court system. They define specific rights and remedies, like the ability to sue for infringement, all of which are creations of human legislative and judicial processes, rather than universal moral dictates.

• Tax Codes: The Internal Revenue Code, which outlines how income, property, and sales are taxed in a country, is a comprehensive example of positive law. These detailed rules are enacted by the legislature, interpreted by administrative agencies (like the IRS), and applied by courts. The specific percentages, deductions, and filing requirements are all human-made constructs designed to fund government operations, not inherent truths about how wealth should be distributed.