ASP129 Lecture Notes - Lecture 10: Popular Consensus, Public Law, Private Law

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Positive law/human law emerges when a public person entrusted with care of the community" exercises human reason; they are man-made written down laws. Legal positivism denies the metaphysical source of law; law is manmade. Aquinas acknowledged man-made laws may be morally fallible and therefore unjust. However, it is important to note that civil or human positive law must be based on natural law, and not on anyone"s whims, popular consensus or historical circumstances. When positive law is not based on natural law, it is not a true law. We are not obliged to obey it, and sometimes cannot obey it. There are various ways in which the positive law can be classified; the most important ways are as follows: public law. Public law is concerned with the relationship between the state and its citizens. This comprises several specialist areas such as: constitutional law and administrative law: the constitution law and constitutionalism.

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