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Law, positive
Law, positivePositive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. RELATED TERMS-------------------------------------- Positive Express; absolute; not doubtful. This word is frequently used in composition. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Opposition practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws. Point Practice. A proposition or question arising in a case. View A prospect. Voluntary Willingly; done with one's consent; negligently. Rules English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls. Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Nations Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. General 1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly. Manifest 1) Evidence. That which is clear and requires no proof; that which is noto- rious. 2)Common law. A written instrument containing a true account of the cargo of a ship or commercial vessel. Tacit That which, although not expressed, is understood from the nature of the thing, or from the provision of the law; implied. Agreement A verbal or written resolution of disputes. Portion That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child. Obligation In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. States By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general. Express That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. Treaty International law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pactions. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. SIMILAR TERMS-------------------------------------- Law, arbitrary An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable. Law, criminal By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments. Law, foreign By foreign laws are understood the laws of a foreign country. The states of the American Union are for some purposes foreign to each other, and the laws of each are foreign in the others Law, international The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law. Law, martial Martial law is a code established for the government of the army and navy of the United States Law, merchant A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. Law, municipal Municipal law is defined by Mr. Justice Blackstone to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps, justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its signification to convey a just idea of the subject. Law, penal One which inflicts a penalty for a violation of its enactment Law, private An act of the legislature which relates to some private matters, which do not concern the public at large. Law, prospective One which provides for, and regulates the future acts of men, and does not interfere in any way with what has past. Law, public A public law is one in which all persons have an interest Law, retrospective A retrospective law is one that is to take effect, in point of time, before it was passed. Law, statute The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature. Law, unwritten Unwritten law or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs. Law, written Law written or lex scripta. This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties. PREVIOUS AND NEXT TERMS-------------------------------------- Law, international The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law. Law, martial Martial law is a code established for the government of the army and navy of the United States Law, merchant A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. Law, municipal Municipal law is defined by Mr. Justice Blackstone to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps, justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its signification to convey a just idea of the subject. Law, penal One which inflicts a penalty for a violation of its enactment Law, positive Law, private An act of the legislature which relates to some private matters, which do not concern the public at large. Law, prospective One which provides for, and regulates the future acts of men, and does not interfere in any way with what has past. Law, public A public law is one in which all persons have an interest Law, retrospective A retrospective law is one that is to take effect, in point of time, before it was passed. Law, statute The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature. We thank you for using the Juridical Dictionary to search for Law, positive. If you have a better definition for Law, positive than the one presented here, please let us know by making use of the suggest a term option. This definition of Law, positive may be disputed by other professionals. 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