Positive law


The positive law is a set of rules legal act with force in the State determined at a given time, it does independently by sources as appropriate, is provided by the competent bodies for this function. It is the system of coercive norms , which govern or governed social coexistence at a certain moment. When speaking of positive, mention is made of someone who establishes it. The laws of positive law are pronounced by an administrationto achieve a certain goal. Depending on the law, this type of right may or may not expire. In addition to considering all types of law as positive law, the legal regulations written in decrees or regulations are also part of positive law.

What is positive law?

The positive law is the set of legal rules governing within a state or a certain place, which are issued by competent bodies for the sole purpose of achieving a particular purpose. Everything that is written in regulations or decrees is part of positive law.

  • Characteristics of positive law
  • History of positive law
  • Beginning
  • Classification of positive law
  • Examples

Characteristics of positive law

  • The right positive is a type of law that expresses and its existence can not be discussed in any respect. The right may be the subject of discussions and regulations, but it can never be denied.
  • Each country has its own positive right so it can be said that it is individual.
  • It is formed by a set of mandatory aspects that are established by the authority in charge of the people in the political aspect and occurs in a specified period of time.
  • Compliance and enforcement of positive law can happen spontaneously, and when it does not, then it can be coercively imposed on the community, town or country.
  • It has relativity , which means that the law is not only contained in certain norms, but that it has the ability to transform itself over time influenced by the political , economic , social and cultural conditions of the region where it is applied, seeking justice as the main goal.
  • It is created by the will of man , it can be temporary and has the option to change when needed, that is why it is sometimes classified as an imperfect right.

History of positive law

Positive law finds its bases in iuspositivism which refers to a philosophical and legal current that thinks that the right that is only valid is that the human being has created since he is the creator of the State and is the one that has constituted the powers over which sovereignty and the law will govern . It arises in the 19th century based on two different schools of the time, the Exegesis School located in France and the Dogmatic School that was located in Germany. Regarding the social part of the law, the Social Schoolcreated by Raymond Saleilles in France, it was from where the foundations and the Free Law Movement were taken , both during the 19th and 20th centuries.



  • Principle of good faith which requires the individual to maintain good conduct and honesty with the parties who have an interest in a certain act or process. Acting with honesty, loyalty and veracity, the individual will be acting in accordance with the legal system .
  • Pacta sunt servanda principle contemplated in the Vienna Convention and which explains that every treaty that comes into force is binding on the parties and that it must be complied with in good faith.
  • Post-factum principle and ante-factum solidarity , which refers to the union of interests that may exist between countries and their social cohesion .
  • Principle of Humanitarian Aid, which is a type of solidarity aimed mainly at countries or places with limited resources or that have been victims of a humanitarian crisis , be it due to wars or natural catastrophes.
  • Principle of intervention and non- intervention . When we speak of intervention we refer to the right of countries or states to intervene in internal international affairs with other states. Non-intervention is the opposite, it indicates to a country that it should not intervene in the affairs of a certain country.

Classification of positive law

Positive law can be of two types:  current or non-current . The current law is the one that is responsible for effectively governing the coexistence of society in an already determined place, for example, the criminal codes of a country with respect to crimes committed by criminals, homicide and robberies. The non-current law does not have any application within the social sector and can be subdivided into two parts, the current one that refers to a law that has been made, but has not been applied, and the historical one, which are rights that date since ancient times.


In Paraguay , positive law is the doctrine that constitutes the legal source that only comes to work when there are no positive regulations on any law that can resolve a particular case, since it cannot stop judging. In Mexico , positive law is governed by the current Political Constitution , it is the right that has been approved by means and dissemination channels, through these, one right can be replaced by another and at that time it ceases to be a right positive and become historical antecedent of a legislative nature.

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