Positive Law
idea · 2 works · 2 mentions · 3 anchored passages
Commands of the Sovereign · positive enactment · positive law
in the texts
Institutes of Roman Law
Law whose exclusive origin is a positive enactment, whether direct or through the sovereign's implied acquiescence.
The rules and principles denoted by the terms praetor-made law, jurist-made law, judge-made law, are only law because they are impliedly adopted, confirmed, and ratified by the silent acquiescence of the sovereign.
the term positive enactment including both the express or direct enactments of the political sovereign, and the implied, indirect, circuitous enactments imported by the sovereign’s acquiescence in the ruling of subordinate authorities.
Lectures on the Early History of Institutions
Austin's theory that positive law consists of commands issued by the Sovereign to subjects, backed by sanction.
Law is here regarded as regulated force, simply because force is the one element which has been allowed to enter into the primary notion upon which all the others depend.
Positive Laws are Commands, addressed by Sovereigns to their Subjects, imposing a Duty, or condition of obligedness, or obligation, on those Subjects, and threatening a Sanction, or Penalty, in the event of disobedience to the Command.