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:
“In the course of the actual attainment of selfish ends—an attainment conditioned in this way by universality—there is formed a system of complete interdependence, wherein the livelihood, happiness, and legal status of one man is interwoven with the livelihood, happiness, and rights of all. On this system, individual happiness, etc. depend, and only in this connected system are they actualized and secured.”
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“There is ... a class of fancies, of exquisite delicacy, which are not thoughts, and to which, as yet, I have found it absolutely impossible to adapt language.... Now, so entire is my faith in the power of words, that at times, I have believed it possible to embody even the evanescence of fancies such as I have attempted to describe.”
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“Though the ancients were ignorant of the principles of Christianity there were in them the germs of its spirit.”
—Herman Melville (1819–1891)