Positive law consists of elements of political systems that rule societies. Legislative, executive, administrative, military and police ‘organs’ are required. Offices and officers, and the judiciary, make decisions and apply rules. Positive law determines powers, immunities, rights, duties, claims, and liabilities. It determines social positions, and legal boundaries. These are binding on ministers, representatives, citizens, pensioners, and police officers.
It is important to note that positive law is not the natural (organic) order of our human world. Instead it is an artificial order. Powerful individuals, and groups in a particular society, impose behavioural rule on others. The result is not orderly relations among human beings. Rather it is discordance among social positions, roles and functions. We can think of this like a chess game, where the rules inform what a king, queen, knight, or pawn is, what it can or cannot do.
Positive law applies to living human beings only by relationship. Living beings must supply the labor necessary for those ‘positions’ to achieve anything. Such (legal) systems have no connection or relationship with natural law, or justice. They define only what is legal in a particular society, not what is lawful among human beings.
So we must not confuse a position with the living being who occupies it. Positive law indeed tells us about what a (legal) ‘citizen’ is, what it can or cannot do. It tells us nothing about what a living human being who fills that position is, or what he or she can or cannot do. (Notice how the words ‘he or she’ replace the word ‘it’?)
Positive law is not concerned with human life and action, thus. Its sole purpose is to uphold the (administrative) authoritative state. Humanity suffers. Positive law reduces us to the status of mere objects that obey political directives. Analogous to the relationship of a farmer to his cattle, we are as animals. Surely you’ve heard it said that man is a social animal?
‘Positive law’ is an artificial order— an order of artificial persons. Person, is a legal word that attaches a body politic – a corporation, to a living being. Statute ‘law’ is a ‘posited’ set of legal rules. Thus imposed, rulers and their conscripted slaves adhere to it. Today’s law students learn of natural law from positivists. Their understanding of it is near nil. For them, natural law is another set of rules, verdicts and decisions. Believed ‘posited’ by a mythical, supernatural, or imagined authority, such as reason, nature, or God. They think of natural law as an alternative, that rules and regulates the same things as their positive laws do.
Law students are not taught natural law. Artificial law scorns it. Thus all that we know is artificial; a violent game. As adults, we should know the difference between the real world and games that people play. How will we know, when a lawyers job is to obfuscate the difference?
It remains that Creator endowed human nature before we could write rules. Search for knowledge and understanding of the natural order of the human world is valid. That is what this blog deals with.
Positive law is not my concern, rather understanding our nature and its governing rules. Then we can apply these to our societies.
Would you like to be in the ‘know?’ Subscribe today and be up to the minute!
PS: See this for more understanding.
PPS: I’m, struggling to get the captions happening in WP. Help! The caption for this picture is very explicit — 18 million man-made laws. 20 natural laws. 1 human nature. Go figure.
Back to Blog Index