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Positive Law

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Plc (public limited company) to Prerogative of mercy

Those laws that have been duly enacted by a properly instituted and popularly recognized branch of government.

Positive laws may be promulgated, passed, adopted, or otherwise "posited" by an official or entity vested with authority by the government to prescribe the rules and regulations for a particular community. In the United States, positive laws come in a variety of forms at both the state and federal levels, including legislative enactments, judicial orders, executive decrees, and administrative regulations. In short, a positive law is any express written command of the government. The belief that the only legitimate sources of law are those written rules and regulations laid down by the government is known as POSITIVISM.

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