Legal Definitions - positivi juris

Positivi juris (pronounced: poh-zih-TEE-vee JOOR-is) is a Latin legal term meaning "of positive law." It refers to anything that originates from, is based upon, or pertains to positive law.

Positive law consists of rules, statutes, and regulations that have been formally enacted, adopted, or established by a recognized governmental authority or institution. These are laws that exist because they were deliberately made by human beings, as opposed to laws derived from abstract moral principles, natural rights, or divine commands.

Here are some examples to illustrate the concept of positivi juris:

• Example 1: Traffic Regulations

  A city ordinance mandates that all vehicles must stop at a red light before proceeding. This specific rule is an example of something *positivi juris*. It's not a universal moral imperative to stop at a red light; rather, it's a regulation formally created and enforced by the municipal government to ensure public safety and order on the roads. Its existence and enforceability stem directly from this legislative act.

• Example 2: Contractual Terms

  When two businesses sign a contract specifying that payment for services rendered must be made within 30 days, this payment term is *positivi juris*. While the general concept of honoring agreements might have moral undertones, the specific 30-day period is a rule deliberately established and agreed upon by the parties involved. This term is enforceable because it is part of a legally binding contract, which itself is recognized and upheld by the broader positive law governing contracts.

• Example 3: Tax Codes

  The requirement for individuals to pay income tax on their earnings, according to a specific progressive tax bracket system, is *positivi juris*. There isn't an inherent natural law dictating income tax rates or the obligation to pay them. Instead, these obligations and structures are entirely the product of statutes passed by a legislative body (like a national parliament or congress) and implemented by government agencies. The entire framework of tax law is a prime example of positive law.