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.”
—Georg Wilhelm Friedrich Hegel (1770–1831)
“Profundity easily turns into dullness and astuteness deteriorates into wit. Be guided by natural common sense and it will accommodate great and small.”
—Franz Grillparzer (1791–1872)
“What is faith but a kind of betting or speculation after all? It should be, “I bet that my Redeemer liveth.””
—Samuel Butler (1835–1902)
“The General Order is always to manoeuver in a body and on the attack; to maintain strict but not pettifogging discipline; to keep the troops constantly at the ready; to employ the utmost vigilance on sentry go; to use the bayonet on every possible occasion; and to follow up the enemy remorselessly until he is utterly destroyed.”
—Lazare Carnot (1753–1823)
“Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man’s appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded.”
—Abraham Lincoln (1809–1865)