BUSINESS ADMINISTRATION
BUSINESS LAW
Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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Equity
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Positive Law
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Code
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Legal Systems
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Detailed explanation-1: -Common law is based on the current standards or customs of the people and is usually pronounced by judges in settling people’s disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place.
Detailed explanation-2: -In general, the term “positive law” connotes statutes, i.e., law that has been enacted by a duly authorized legislature. [2] As used in this sense, positive law is distinguishable from natural law.
Detailed explanation-3: -Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790–1859) formulated it thus: The existence of law is one thing; its merit and demerit another.
Detailed explanation-4: -The theory of natural law believes that our civil laws should be based on morality, ethics, and what is inherently correct. This is in contrast to what is called “positive law” or “human law, ” which is defined by statute and common law and may or may not reflect the natural law.
Detailed explanation-5: -4 Positive law is not an ideal law like the natural law but is a set of laws which are or were actually in force in one country or region. Analogously, positive morality is moral norms in one society which are not established by the government, but which nevertheless exist.