Many authors believe that some regulations adopted by the state, while others are having their own.That is, there is a natural and positive law.It is believed that the natural must include the right to life, equality, and so on - that is, those rights which are given to man by nature.They are natural, and therefore the state to encroach on them can not.
The theory of natural law says that the state law is created by the derivative, which is derived from human nature itself.Positive law - it is the rules that were set by the state.They can be recognized only if not contrary to the natural right.
positivism called one of the areas of law.In this case, the emphasis is on verbal and symbolic form of the existence of law.Taking into account only the fixed standards, that is important, by means of which they are expressed (their form).
positive law - institutional education.There it is in the form of external institutions (objectified) standards, which are expressed in laws and so on.
positive law and has a lot of negative and positive potentials.Perhaps its main advantage lies in the fact that this right is effective regulatory control's value.That it helps to control the behavior of people in society.This control is not only normative, but also the character and value.This statement is based on the fact that the law is in people's lives, it becomes part of it.Regulatory start helping to assess the individual phenomena of life, they share the actions of people in the acceptable and unacceptable.
positive law provided by the state.It's about the fact that it is guaranteed, and non-compliance causes the onset of sanctions.Coercive force, which has the state, helping to restore order in the society, to eliminate high-handedness and arbitrariness.
Positive law is different from the natural to many.Here are the main differences:
- Natural law is associated with the natural order of things.It's about human nature and the universe in general.Natural law - of the world order.Positive law is something artificial.Creator in this case is the person's name.All this leads to the fact that its rules may even contradict the norms of the world order.
- Natural law is connected with the universal being, positive - with a particular state.
- Positive law arose when there was a state.Natural has always been.
- rules of the law of natural is not always expressed in writing, as may exist in the legal customs, traditions and so on.
- Natural law, in contrast to the positive is not identical to the current legislation.His goal - a higher justice, and not the interests of the states.
- positive law, in contrast to the natural has no rules that could be justified by religion or ethics.They are linked only to the will of the state.The bad
positive right?First of all the fact that its rules may be unfair.At all times, there was a tendency of enslaving people.This, of course, is not a direct, namely the indirect slavery.The state imposes a society the rules and regulations that are needed only to him.For this reason, people often find themselves disadvantaged in their rights.Often, the existing rules are unfair, inhumane, advantageous only to the people having power and seeking to retain that power.In many cases, they provide well-being of some at the expense of others.The entire catch is that are binding on all the rules of positive law, without exception.
