This term is also sometimes used to refer to the legal philosophy legal positivism, as distinct from the schools of natural law and legal realism. In this sense, the term is often used in relation to the United States Code, portions of which restate Acts of Congress (i.e., positive law), while other portions have themselves been enacted and are thus positive law.
With respect to the broader sense, various philosophers have put forward theories contrasting the value of positive law relative to natural law. The normative theory of law, as put forth by the Brno school, gave pre-eminence to positive law because of its rational nature. Classical liberal and libertarian philosophers usually favor natural law over legal positivism. Positive law, to French philosopher Jean-Jacques Rousseau, was freedom from internal obstacles.
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Famous quotes containing the word legal:
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)