Human positive law (Paras)

SOURCE: Justice Edgardo Paras (2008). Civil Code of the Philippines Annotated. Volume I on Persons and Family Relations. Rex Book Store. 978-971-23-7989-5. Page 3.

In general, human positive law is a reasonable rule of action, expressly or directly promulgated by competent human authority for the common good, and usually, but not necessarily, imposing a sanction in case of disobedience. Human positive law has for its basic premises the following Divine Pronouncements: the natural moral nature of man, legislative enactments, jurisprudence or judicial decisions, conventions or treaties, customs and traditions.

Justice Bradley of the United States Supreme Court says — “law is a science of principles by which civil society is regulated and held together, by which right is enforced, and wrong is detected and punished.”

De Page speaks of law as “the body of rules governing the conduct of persons living in association with others, under the guaranty of social compulsion.’’

Upon the other hand, Sanchez Roman says that law is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and beneļ¬t.

While human positive law covers only external conduct, morality covers both external acts and internal thoughts. Moreover, the former is enforced by the State; this is not so in the case of morality, except insofar as moral legislation has been enacted.

Human positive law has four (4) elements: [1] Reasonable rule of action. [2] Due promulgation — for otherwise obedience can hardly be expected. [3] Promulgation by competent authority. [4] Generally, a sanction imposed for disobedience.

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