Introduction to Law

Another characteristic that distinguishes law from other normative

systems is that, by far, most legal rules are created by state agencies, such as

parliaments, courts, and administrative bodies. As we will see, this has not always

been the case, but at present most laws are explicitly created (or, in legal terms,

“laid down”). A law that has been laid down is called positive law. The word

“positive” in this connection is derived from the Latin positus, which literally

means “laid down.”

The idea that law is explicitly created has gained such a strong sense of obviousness that the

expression “positive law” has almost become synonymous with “the law that is valid here

and now”. The increasing importance of non-state rules, however, is a reason to question

this obviousness.

Moreover, legal rules can also be repealed, which is not possible in case of, for

example, moral rule.