Heresy and positive law Herejía y el derecho positivo

Abstract

Is the positive law heretical? Because the positive law anchored in ideologies rooted in the Occidental modernity tends to be incompatible with Occidental Christianity, said positive law is heretical. Because Occidental Christianity along with Roman law, and operationalized by the Occidental identities, constitute the highest level of the Romano-germanic juridical system (as well as the common law system), positive law incompatible with Occidental Christianity is likely to be ultra vires and quidquid voverat atque promiserat ab initio et ad infinitum. On this basis, an analysis of the highest normhierarchical level yields the conclusion that both the positive environmental law and the positive migration law are indefensible. The potential of incompatibilities crept into the juridical system when the eternal law and natural law recognized by, e.g., Saint Thomas Aquinas were dropped, or simply ignored, as the Occidental modernity and juridical positivism gained steam.