positive law 在《元照英美法词典》中给出的中文释义是:实在法。自然法〔Natural Law〕的对称,指享有立法权的君主个人或代议制立法机构,或直接民主制中的民众大会所制定的法律规范。
实在法是指确有法律效力的、现实存在的法。
英文释义:
Positive laws (Latin: ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb to posit.
The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason." Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society."
