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Positive Law

Law proper, as opposed to moral laws, or to natural/“God-made” law.

An enforceable legal rule which prohibits or requires certain conduct.

Often contrasted with moral law. 

Lawyers speak of positive law to distinguish it from other rules similarly expected but not conduct-related.

For example, many of the provisions of the Laws of Manu deal with morality or hygiene.

This made it hard for jurists to later sort out what was intended to be enforceable by the state, or which ought to influence the court on disputes over contracts or inter-personal relationships, and the moral or religious rules, which serve as guidance to the citizens but do not attract the attention of law enforcement.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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