Jus Positivum: Law as a Human Construct
Jus positivum, Latin for “positive law,” embodies the concept of law as a creation of human will, enacted and enforced by governmental authority. It stands in opposition to jus naturale or natural law, which posits that certain laws are inherent in nature or derived from divine or moral principles.
The cornerstone of civil law systems, jus positivum is codified in comprehensive written laws, statutes, and regulations. This approach offers clarity, predictability, and accessibility to the legal framework. By establishing explicit rules and procedures, civil law systems aim to provide a stable and organized legal environment.
While jus positivum emphasizes the authority of human-made law, it does not negate the influence of morality or justice entirely. Legal systems often incorporate moral values and principles into their positive laws, reflecting society’s evolving ethical standards. However, the primary focus remains on the enacted legal rules rather than abstract moral concepts.
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