positive law: meaning, definition, pronunciation and examples
C2Formal, Academic, Legal
Quick answer
What does “positive law” mean?
Law that is formally enacted or written down by a recognized authority, such as a legislature or sovereign, as opposed to natural or moral law.
Audio
Pronunciation
Definition
Meaning and Definition
Law that is formally enacted or written down by a recognized authority, such as a legislature or sovereign, as opposed to natural or moral law.
The body of law created by human authority in a specific political society, including statutes, regulations, and case law, which is enforceable by its institutions.
Dialectal Variation
British vs American Usage
Differences
The concept is identical in both jurisdictions, central to legal positivism. The terminology is used identically.
Connotations
Neutral, technical legal term. In academic discourse, it is closely associated with legal positivism (e.g., Austin, Hart).
Frequency
Used almost exclusively in legal, philosophical, and academic contexts in both varieties. Extremely rare in everyday speech.
Grammar
How to Use “positive law” in a Sentence
[Subject] is governed by positive law.Positive law [verb: requires/prohibits/authorises] [object].Vocabulary
Collocations
Examples
Examples of “positive law” in a Sentence
verb
British English
- The tribunal must apply the positive law as it stands.
American English
- The court is bound to positivelaw enacted by Congress.
adjective
British English
- His argument was based on positive-law principles rather than moral ones.
American English
- We need a positive-law analysis of the statute.
Usage
Meaning in Context
Business
Rare. Might appear in discussions of regulatory compliance: 'Our actions must conform to the positive law of the jurisdiction.'
Academic
Primary context. In law and philosophy: 'Hart's theory focuses on the rule of recognition within a system of positive law.'
Everyday
Virtually never used.
Technical
Core term in jurisprudence and legal theory, distinguishing human-made rules from other normative systems.
Vocabulary
Synonyms of “positive law”
Vocabulary
Antonyms of “positive law”
Watch out
Common Mistakes When Using “positive law”
- Using 'positive law' to mean 'good law' or 'optimistic law'.
- Confusing it with 'case law' (a subset, but not all positive law is case law).
- Capitalising it unnecessarily unless starting a sentence.
FAQ
Frequently Asked Questions
No. 'Positive' here comes from the Latin 'positus' meaning 'laid down' or 'established', not from the adjective meaning 'good' or 'optimistic'.
Positive law is human-made, written, and specific to a society (e.g., a speed limit). Natural law is considered inherent in human nature or reason, universal, and often morally based (e.g., the right to self-defence).
Yes, according to legal positivism, the validity of a positive law is separate from its moral justice. An unjust law can still be a valid positive law if enacted correctly.
Almost exclusively in academic fields like jurisprudence, legal philosophy, and constitutional theory, as well as in advanced legal writing.
Law that is formally enacted or written down by a recognized authority, such as a legislature or sovereign, as opposed to natural or moral law.
Positive law is usually formal, academic, legal in register.
Positive law: in British English it is pronounced /ˈpɒz.ə.tɪv lɔː/, and in American English it is pronounced /ˈpɑː.zə.t̬ɪv lɑː/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “The letter of the positive law”
Learning
Memory Aids
Mnemonic
Think POSITIVE as in 'posited' or 'placed down' by an authority, not as in 'good'. Positive law is law that has been positively laid down.
Conceptual Metaphor
LAW IS A COMMAND (The Sovereign commands it). LAW IS AN ARTEFACT (It is human-made, like a building).
Practice
Quiz
What is the primary characteristic of 'positive law'?