Definition of Positive Law

Positive law is the totality of the rules of law which are valid on the territory under the sovereignty of the state, which are established and enforced by the authorized organs of the state. These rules are in the form of written texts and are expressed in laws, statutes, regulations and other official documents. Positive law refers to the legal system prevailing in a given society in a given period.

Functions of Positive Law

Positive law has more than one function. Here are its main functions:

• Maintaining Order It regulates the relations between individuals in society and ensures that these relations are shaped according to certain rules.
• Establishing Justice: The rules of law have been established to ensure justice and redress injustice.
• Ensuring Social Peace: The rule of law is important for preventing social conflicts and maintaining peace.
• Ensuring State Authority: Under the sovereignty of the state, the rules of law are applied and the authority of the state is established through these rules.

Positive Law and Other Branches of Law

Positive law is different from other branches of law such as natural law and customary law. Here are these differences:

• Positive Law and Natural Law: While natural law refers to the rules arising from human nature and the universal understanding of justice, positive law is the written rules determined by the state.
• Positive Law and Customary Law: While customary law refers to the rules arising from the customs and traditions of the society, positive law covers the rules determined by official documents.

The Importance of Positive Law

Positive law is of great importance for maintaining social order and regulating the relations between individuals. Here are some points on the importance of positive law:

• Rule of Law Positive law underpins the rule of law and ensures that everyone obeys the rule of law.
• Legal Security Written rules of law provide individuals with legal security and eliminate uncertainties.
• Democratic Governance: In democratic states, positive law is created through the representatives of the people, which increases the legitimacy of law.

Conclusion

Positive law is the written rules of law established by the authorized organs of the state and applied to ensure order in society. These rules of law are of great importance in terms of establishing justice, protecting social peace and ensuring state authority. Positive law forms the basis of the principle of the rule of law and ensures the legal security of individuals. Therefore, positive law has a great place and importance in society.

Frequently Asked Questions (FAQs)

1. What is positive law? Positive law is the written rules of law established by the competent organs of the state.
2. What is the difference between positive law and natural law? Positive law refers to written rules, while natural law refers to rules derived from a universal understanding of justice.
3. What are the functions of positive law? It has functions such as maintaining order, establishing justice, ensuring social peace and ensuring state authority.
4. Why is positive law important? Positive law underpins the rule of law and ensures the legal security of individuals.
5. What is the difference between customary law and positive law? While customary law stems from the customs and traditions of society, positive law covers rules established by official documents.

Positive law is the written rules of law established by the authorized organs of the state. It is of great importance to ensure social order and establish justice.

With this article, we have explained the concept of positive law in detail. I hope this information has helped you understand what positive law is and its role in the social order.