positive law

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different meanings of positive law?

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Positive lawFrom Wikipedia, the free encyclopediaPositive law(Latin:ius positum) is the term generally used to describe human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verbto posit.The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature or reason."[1]Positive law is also described as the law that applies at a certain time (present or past) at a certain place, consisting ofstatutory law, andcase lawas far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society."[2]Contents[hide] 1lex humanaversuslex posita 2Legal positivism 3See also 4References 4.1What supports what 4.2Sources usedlex humanaversuslex posita[edit]See also:man-made law lex humana versus lex positaThomas Aquinashimself conflatedman-made law(lex humana) and positive law (lex positaorius positivum).[3][4][5]However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy. Positive law is law by the will of whomever made it, and thus there can equally be divine positive law as there is man-made positive law. (More literally translated,lex positais positedrather than positivelaw.)[3]In theSumma contra GentilesThomas himself writes of divine positive law where he says "si autem lex sit divinitus posita, auctoritate divina dispensatio fieri potest." (SCG, lb. 3 cap. 125)[3]Latin-English translation: "If, however, the law has been divinely placed, it can be done by divine authority."[6]Martin Lutheralso acknowledged the idea of divine positive law, as didJuan de Torquemada.[7]