Legal Consciousness, Natural Law, Good Faith and General Principles
Judges don’t rely on natural law, but rather legal positivism combined with general principles of law. They may rely on “the requirements of good faith, reasonableness, and justice since Civil Code and other codes tell specific principles within the code. Other principles are equity and fairness, general principles of law, etc.
Read more about this topic: Russian Law, Hierarchy, Other Sources
Famous quotes containing the words legal, natural, faith, general and/or principles:
“If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order.”
—Thomas Szasz (b. 1920)
“... the natural outlawry of womankind ...”
—Christina Stead (1902–1983)
“What should I say,
Since faith is dead,
And truth away
From you is fled?
Should I be led
With doubleness?”
—Sir Thomas Wyatt (1503?–1542)
“Some people are under the impression that all that is required to make a good fisherman is the ability to tell lies easily and without blushing; but this is a mistake. Mere bald fabrication is useless; the veriest tyro can manage that. It is in the circumstantial detail, the embellishing touches of probability, the general air of scrupulous—almost of pedantic—veracity, that the experienced angler is seen.”
—Jerome K. Jerome (1859–1927)
“Ah, I fancy it is just the same with most of what you call your “emancipation.” You have read yourself into a number of new ideas and opinions. You have got a sort of smattering of recent discoveries in various fields—discoveries that seem to overthrow certain principles which have hitherto been held impregnable and unassailable. But all this has only been a matter of intellect, Miss West—superficial acquisition. It has not passed into your blood.”
—Henrik Ibsen (1828–1906)