Despite its title, law is not merely scoopkeeda a law of the land. It is also a series of rules pertaining to the rights and duties of individuals, and also the rules governing the functioning of organizations and institutions. These rules are divided into three categories: natural law, positive law, and customary law.
Positive law
Basically, positive law is the name given to man-made laws, regulations, and statutes. Positive laws are typically enacted at a local level by government officials. They are also enacted by courts and administrative agencies. Positive law is not the same thing as natural law, which is generally based on moral principles.
The word “positive” is actually derived from the medieval Latin word positum. Positive law can refer to man-made laws, such as statutes, ordinances, and judicial verdicts, or to more traditional morals, such as the Ten Commandments of Christianity.
Legal positivism is a theory based on the premise that a legal system must be based on a rational and factual basis. Laws that are rational can be derived from general normative principles, and are thus valid biooverview.
Natural law
Throughout history, natural law has been an important tool for philosophy and moral systems. The concept was first articulated by ancient Greek philosophers, such as Aristotle.
The concept of natural law was further developed by Roman jurists, such as the Stoics. They asserted that the universe was created according to a rational order and that the rational beings living within it were bound to live according to that order.
Later, in the Middle Ages, Christian philosophers such as Thomas Aquinas sought to incorporate natural law theory into Christianity. However, some early Church Fathers still held an incorrect view of natural law .
In the mid-20th century, the concept of natural law was revived. This idea was centered around basic human goods, such as health, education, and the rule of law.
Customary law
‘Customary law’, as a legal concept, refers to the legal norms and regulations that have been developed over time. It is also a system of rules of obligation that guides the behavior of contemporary tribal societies, medieval societies, and many other historical settings.
Customary law is a complex system of rules that has a dynamic nature. As the society evolves, it may change its legal obligations, which may affect the construction of the rule of law. It can also coexist with other laws, such as the Bill of Rights.
Customary law is often considered equal in validity and may even be considered the same as binding law. However, it is important to recognize that ‘customary law’ applied in state courts may be distant from its supposed sources.
Municipal law
Usually, municipal law refers to a body of laws, ordinances, and regulations that apply within a particular city or county. It is often created for the purpose of maintaining public order, but can be used to govern a variety of issues.
In practice, a municipal law can be quite complicated. Many municipalities require business licenses, and property taxes are often set by the city’s taxing authority. Many municipalities also have their own zoning laws that govern the use of land. If you are considering opening a business or purchasing property, you should talk to an attorney to make sure you are compliant with the law.
Administrative agency regulations
Despite their name, administrative agencies are not courts. They are specialized bodies whose duties are defined by statutes or regulations.
They are responsible for directing and supervising legislative acts. They also have the authority to enforce rules. They can compel parties to produce documents and file reports. They are often used to adjudicate minor disputes. They are often referred to as boards or divisions.
Administrative agencies make decisions on a wide range of issues, including environmental protection, trade, health, and consumer protection. They often make their decisions through rulemaking, which is a more cumbersome process. It is designed to provide public notice and comment on proposed laws.
Courts of law
Historically, the court of record was the epicenter of legal proceedings in a given jurisdiction. Today, the modern day plaintiff’s office has been replaced by a plethora of courts of record. Some courts of record, such as the United States District Court for the District of Columbia, are the modern day equivalent of courtrooms and chambers. The most common type of courtroom is a chamber of court. A court of record is often called upon to settle a lawsuit, and is typically comprised of one or more judges, a jury or a panel of expert witnesses. Most courts of record are governed by statutory law.
