10 Examples of Positive Law

The positive law It is the set of legal and juridical provisions designed by man to govern his coexistence and imposed by the organization of a State, as well as collected in a written body that contains the detailed legal framework. For example: commercial regulations, penal codes, legal contracts.

Unlike natural law (inherent to the human being) and customary (dictated by custom), positive law is collectively imposed in order to regulate the coexistence of the persons, sanctioned by State institutions in accordance with the provisions of a common code - a body of written laws - which, in turn, can be changed by consensus. It is, as will be seen, laws based on a legal and social pact.

Said rules and laws They also have a hierarchy, a scope and a specific area of ​​action, according to what their writings establish. That is why there are state legal apparatuses (judges, lawyers, courts, etc.) in charge of correctly interpreting the content of the deeds.

Differences between positive law and natural law

All rights are part of positive law. legal and legislative deeds of a specific State, not only those that are in force and those that we consider the Law; but also its legislative history, the repealed laws and all kinds of legal regulations or regulations that have ever been written.

In this sense, positive law is sustained based on the doctrine of iuspositivism, opposite to natural law in your consideration that the only legal norms true are those promulgated by consensus by man. Natural law, on the other hand, proclaims the existence of primary, moral laws, which are born together with the human condition.

If natural law is born with man, positive law is instead granted by society and the State.

Examples of positive law

1. Road and transport codes. All the regulations of transport, both by land (cars and vehicles of all kinds), water (boats and others) and air (planes and airplanes) adheres to legal codes written by social and political consensus, of Thus they are recorded in manuscripts and are often composed of a series of signs and symbols that, requiring interpretation, require a formal education in the area from part of the people.
2. Commercial regulations. The regulations that govern how to do correctly and legally business In a country, which includes legal records, procedures and protocols, it is contemplated in commercial codes and specific laws of the area, which can be consulted to carry out a business successfully or, on the contrary, to know if perhaps we have been victims of a bad process.
3. Birth, marriage and death certificates. All the stationery whose function is to record changes in the civil and vital status of the citizens of a country, such as birth, marriage and death, are issued by the State in accordance with a written order, which records what happens and allows to legally demonstrate the past.
4. National constitutions. Any legal framework of a nation, where the procedures for electing its representatives are found, are describe the different powers and life is legally ordered, they are an emblematic exercise of positive law: these rules they are massively written and printed so that citizens know what the rules of the game are in their nation.
5. Penal codes. A part of the state legal systems refers specifically to the procedures of justice and punishment of the crime, it is say, what to do and how to proceed when facing a robbery, theft, a murder and all the forms contemplated in writing of transgression. In the countries of religious fundamentalist governments, this code is often dictated by their sacred texts such as the Qur'an. In those particular cases, perhaps we would be in the presence of a divine right, rather than positive, since it is assumed that God himself would have dictated those sacred laws.
6. Professional ethical codes. Any unionized profession, that is, with a tuition that ensures both the defense of rights and compliance with the duties of every graduate and graduate professional, adheres to a written ethical and legal code shared with all those who practice said profession.
7. Legal contracts. Any legal agreement voluntarily signed by two parties that certify it and undertake to comply with it By signing a written document, that is, a contract, they are exercising positive law. That document will remain even when the service, sale or agreement of any kind has been carried out and will be part of the legal history of said people and the country.
8. Licenses of use. Similar to contracts, user licenses such as those that are displayed to us digitally when we subscribe to the use of a software program. software, or provided to us when purchasing certain products, are also written forms of legal agreement that belong to the realm of positive law.
9. Legal files. The legal history of a nation, an institution or a court can be consulted in its legal files, in which it remains a significant number of legal briefs, lawsuits, court decisions and other documents that are part of the law positive.
10. Founding documents. The big enterprises Humanities usually consist of some type of foundational document that certifies their creation or attests to the terms in which it was carried out, who was involved and to what specific agreement arrived. Sometimes in a merely documentary or historical way, other times for legal or legal disputes, these documents they remain in time and can be consulted and used within the framework of positive law actions.

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