Positive Right Theory

The previous definitions do not consider one of the fundamental aspects in concerning the DP: the origin of its creation, its own creator who is neither the more nor less than the own MAN, the HUMAN BEING. It creates that Right by means of the state or international organs so that it governs a certain human group. Thus we have the DP is created or recognized by the state through its organs, imposing it this way a society. The obligatory nature of the DP is in which it is a right BEEN WORTH, created or recognized by the state or supranational institutions and whose rules must be accepted or be fulfilled and in any case not violated by the society that prevails. But all valid right is not DP.

Before entering the subject of the VALIDITY related to the DP, we say that this it is created by the state but considering certain factors that influence or take part in that elaboration. On those intervening factors two main theories that exist we will see. Factors that take part in the elaboration of the Positive Right Theory of F. GENY In the elaboration of the DP can distinguish two parts: To the Scientific part; and b the Technical part. To the Scientific part: One takes shape to the study of 4 elements, " datos" or " dones": – The Real data: they are the data of the physical nature as as much human, the conditions in fact in which is that part of the humanity that the DP is going to prevail. – The data Historical: One talks about the history from that town to which it goes directed the DP, talks about to the lived thing by that people in a certain time. – The Rational data: It represents the idea of the Positive Right, the parameters of justice, the equitatividad, the good.

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