Legal Definitions - Positive law

Positive law refers to legal rules that have been formally created, adopted, and enforced by human authorities within a specific society or political system. These laws are tangible, written, and can be found in official documents, distinguishing them from abstract moral principles or universal natural laws. They are the rules that a government or governing body has intentionally established to regulate behavior and maintain order.

Here are some examples to illustrate positive law:

• Imagine a local city council votes to implement a new ordinance that prohibits parking on certain streets between 2 AM and 6 AM to facilitate street cleaning. This parking restriction is an example of positive law because it is a specific rule formally enacted by a human governing body (the city council) for its community. It's a deliberate creation to manage traffic and city services, not an inherent moral principle.

• Consider a national legislature passing a law that requires all employers to provide a minimum number of paid sick days to their employees each year. This employment standard is a form of positive law. It's a rule established by a legislative body to regulate the relationship between employers and employees, designed to achieve a specific societal outcome through a formal legal mandate.

• When a country's tax authority publishes detailed regulations outlining how individuals and businesses must calculate and pay their income taxes, these regulations constitute positive law. These are specific, written rules created by a government agency to govern financial obligations within the nation, providing clear guidelines that must be followed by all taxpayers.