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The positive or conventional law, its nature: The creative and derived character of human laws

This paper attempts to present some criteria for recognizing a rule of positive law. Even thoughit is true that the classical iusnaturalism teaches that the legal norms contains natural and conventional elements, it is possible, I think, recognize that a rule belongs, strictly speaking, at the positive law or natural law. In particular, I propose that a rule of conventional justice is in an intermediate situation between ontic tertiary rules and principles of natural law.

Positive law; natural just; nature of positive law; classical iusnaturalism


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