Definition
Positive law is law developed and communicated by a dedicated law-maker.
Discussion
Overview
In short, positive law concerns the formal legal frameworks from those who make law.
When we think of which people or groups are make law, we might first think of government. After all, it is well known governments make law through legislation and courts.
However, not all legal frameworks are created by a government.
Individuals outside government can also be law-makers, such as when they establish contracts between one another. However, contracts and other forms of private law, such as civil claims are almost always subject to government-made law.
Domains of positive law
There are two domains within positive law:
Public law is made up of constitutional law, criminal law, regulation, and administrative law. This domain controls the relationships between individuals and a government. More accurately, public law governs the relations between individuals on the one side and a nation state on the other.
Private law concerns the relationships between individuals and without a dependence on any public institution. This domain is sometimes referred to as “civil law”, and particularly so in common-law countries. This is distinct the civil law legal system , referring to the codified legal system based on Roman frameworks.
In public law, the dedicate law-maker is a political actor (such as a legislature or a government agency). In private law, the law makers are the parties who voluntarily agree to enter into a legal relationship with one another.
Traditionally, tort disputes were matters resolved in the domain of private law. However, increasingly since the last century, tort law in many countries has been assumed by the domain of public law.
Disputes in private law may be resolved through either private law process or public law processes. Public law disputes must be resolved through public law processes, unless the parties can come to a resolution before formal procedures take place.
Positive law and the Legal Principle
The Legal Principle to not aggress is the most fundamental expectation for freedom in society. Upon this principle we can base all other public and private laws.
Calibrating all positive law to be in harmony with the Legal Principle is the only way we can consistently live and let live and, ultimately, reach universal peace.
Ensuring subjective moral standard remain outside of legal frameworks is vital for positive law to align with Legal Principle.