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:
“It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case.”
—Henry David Thoreau (1817–1862)
“It is cowardly to fly from natural duties and take up those that suit our taste or temperament better; but it is also unwise to take an exaggerated view of personal duties, which shuts out the proper care of the mind and body entrusted to us.”
—Ellen Henrietta Swallow Richards (1842–1911)
“What a wretched lot of old shrivelled creatures we shall be by-and-by. Never mind—the uglier we get in the eyes of others, the lovelier we shall be to each other; that has always been my firm faith about friendship.”
—George Eliot [Mary Ann (or Marian)
“We will win this war because we are willing to sacrifice 10,000,000 lives. How many lives is the White Man willing to sacrifice?”
—Jerome Cady, U.S. screenwriter, and Lewis Milestone. General Mitsubi (Richard Loo)
“With our principles we seek to rule our habits with an iron hand, or to justify, honor, scold, or conceal them:Mtwo men with identical principles are likely to be seeking fundamentally different things with them.”
—Friedrich Nietzsche (1844–1900)