The Label
Argues that the existing order is composed of the legal and customary rules that the public recognizes and applies power, as well as for “generic precepts that form the binding jurisprudence and individual norms (judicial and administrative decisions, contracts, wills, etc). ” Natural law is “intrinsically fair order, which exists alongside or above the positive law …” The difference between the two “takes the form of the foundation of its validity. The natural stands on its own as intrinsically fair. The positive is characterized according to their formal value, without regard to justice or injustice of their content. The validity of the second is conditioned by the occurrence of certain conditions, determine its validity. All existing provision is formally valid.
The force and effect expressions have the same meaning in our terminology. … Faced with such precepts of natural law are rules whose value depends on factors extrinsic … ” On the other hand, continues GARCIA Maynas “Idioms current law and positive law often used as synonyms. It seems to us improper alignment.
Existing law is not all positive nor all positive law is valid law. The effect is purely formal attribute, the label that the state gives to the rules legal, customary, judicial or legislative sanctioned by him. THE POSITIVE FACT lies in the PRECEPT ENFORCEMENT OF ANY CURRENT OR NOT VALID … The fact that a law is not obeyed, do not remove this in effect …