El derecho positivo o convencional, su naturaleza: el carácter creativo (constitutivo) y derivado de las leyes humanas

Resumo

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.