Positive law sentence example
But Vico maintained that the one was continually progressing towards the other, positive law showing an increasing tendency to draw nearer to natural and rational law.
But we see no sign of the growth of a body made up of patricians and leading plebeians who contrived to keep office to themselves by a social tradition only less strong than positive law.
Hence it was regarded as a universal positive law of God.
The first point to be noticed is the new conception of morality as the positive law of a theocratic community possessing a Christian written code imposed by divine revelation, and and Jewish sanctioned by divine promises and threatenings.
Its theoretical basis is the principle of egoism; while, for practically determining the particulars of duty it makes morality entirely dependent on positive law and institution.Advertisement
Thus present man is a being that can only be understood through a knowledge of his past history; and any effort to construct for him a moral and political ideal, by a purely abstract and unhistorical method, must necessarily be futile; whatever modifications may at any time be desirable in positive law and morality can only be determined by the aid of " social dynamics."
The latter clearly distinguished between a positive law differing in different nations and a natural law based on a general and unchanging principle of human nature, and therefore obligatory upon all.
He believed, moreover, that natural law and positive law moved on almost constant and immutable parallel lines.
Having once derived this conception from Roman history, he was easily and indeed necessarily carried on to the next - that the positive law of all nations, throughout history, is a continual advance, keeping pace with the progress of civilization, towards the philosophic and natural law founded on 'the principles of human nature and human reason.