Positive law and current law

The law , in a broad sense, is the set of principles and rules that govern a given society. Their classification can be extremely varied if they are spoken of as unavoidable for a person, if their creation and other traits are taken into account.

Within these great conceptualizations there is an extremely important difference: that of positive law and current law . They are then clarified.

The positive law is one that human beings create and apply to establish the rules of coexistence within a society (and beyond, if we talk internationally). The current law , on the other hand, accounts for a norm that is valid at a certain time and place, usually with features of obligation.

Therefore, the great difference between positive and current law is its duration or temporality. Positive law is a concept that refers to legal durability; On the other hand, the current law refers to a time, in which it can be applied (it is present, but not in the past and much less with a future guarantee).

Definition of positive law

Unlike a natural right that would exist as an eternal entelechy and which the human being would enjoy by the mere fact of being one, positive law refers to the set of written legal norms, which in turn have met the formal requirements so that they were given birth (something stipulated in the constitutions of each nation).

Therefore, laws, rules, regulations, decrees and agreements established to regulate the conduct and actions of citizens, public and private organizations, are part of positive law. The trait of “positive” refers precisely to its construction, to the fact that it is something created by human beings, beyond all the mechanisms of objectivity and deliberation that give rise to the same positive law.

In positive law there are decisions that create normative bodies and not some kind of fall from the sky of them. The human being knows, in short, that he makes his laws through legislative mechanisms (although the executive can participate and there are endless nuances in the matter). The objective is to guarantee coexistence and social harmony.

Positive law example

The notion of positive law makes its framework extremely broad, hence many examples can be given. If we are based on a principle of hierarchy, first of all the constitutions of each country make positive law. But you can also name specific laws, such as public education.

Also, codes such as criminal, labor, civil, commercial, among others (their names and connections may vary according to the country). Legal documents such as a birth certificate, marriage, divorce or death certificate, to name just a few, make up the positive right in a person’s life.

There are also codes in the professions, where colleges and unions have normative bodies. Here the people involved in such professions know certain rights and obligations.

Definition of current law

Current law is clearly a facet of positive law: it cannot be fully demarcated. Therefore, the current law is that established by the legislative bodies, which is in force in a given territory and time , whose compliance, in that time frame, is mandatory.

The current right cannot be substituted or canceled while it is in force. However, he did at some point oppose other types of rights and new ones may also oppose him in the future. That is to say, companies give themselves their laws and consider at various times modifications and even annulments of regulations that they understand as expired. It is part of that legislative republican game to generate a movement of laws, where new ones hatch and old ones perish.

We repeat: the main difference is that the current law refers to a precise temporality; not so positive law, which ultimately encompasses a broader notion where human beings create their own normative bodies, in search of social welfare.

Example of current law

The great feature of current law is its time. That is, its temporality marks its validity, which is valid at a certain moment or time, as well as territory or place. Examples of current law can be a regulation recently promulgated, after its approval in the legislative bodies. Consider, for example, a leasing law, the legal interruption of pregnancy or the possibility of a dignified death. The topics are extremely varied and will differ according to the country on a multitude of issues (although the central theme is the same).

Another example is given by the large codes, such as criminal, civil and commercial. They are in force to a great extent, although many times small modifications are proposed to them based on laws.

The current law, then, accounts for a living right, which must adapt to changes and advances in society. For example, in terms of labor regulations, one of past centuries could not be maintained where child labor, slavery or women were allowed to vote simply because they were women.