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:
“The trouble with Eichmann was precisely that so many were like him, and that the many were neither perverted nor sadistic, that they were, and still are, terribly and terrifyingly normal. From the viewpoint of our legal institutions and of our moral standards of judgment, this normality was much more terrifying than all the atrocities put together.”
—Hannah Arendt (1906–1975)
“The idea that seeing life means going from place to place and doing a great variety of obvious things is an illusion natural to dull minds.”
—Charles Horton Cooley (1864–1929)
“In the faith that looks through death,
In years that bring the philosophic mind.”
—William Wordsworth (1770–1850)
“In effect, to follow, not to force the public inclination; to give a direction, a form, a technical dress, and a specific sanction, to the general sense of the community, is the true end of legislature.”
—Edmund Burke (1729–1797)
“The mode of founding a college is, commonly, to get up a subscription of dollars and cents, and then, following blindly the principles of a division of labor to its extreme,—a principle which should never be followed but with circumspection,—to call in a contractor who makes this a subject of speculation,... and for these oversights successive generations have to pay.”
—Henry David Thoreau (1817–1862)