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:
“I have spent all my life under a Communist regime, and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society with no other scale but the legal one is not quite worthy of man either.”
—Alexander Solzhenitsyn (b. 1918)
“Under weak government, in a wide, thinly populated country, in the struggle against the raw natural environment and with the free play of economic forces, unified social groups become the transmitters of culture.”
—Johan Huizinga (1872–1945)
“My life is superficial, takes no root in the deep world; I ask, When shall I die, and be relieved of the responsibility of seeing a Universe which I do not use? I wish to exchange this flash-of-lightning faith for continuous daylight, this fever-glow for a benign climate.”
—Ralph Waldo Emerson (1803–1882)
“As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client.”
—Abraham Lincoln (1809–1865)
“The principles of the good society call for a concern with an order of being—which cannot be proved existentially to the sense organs—where it matters supremely that the human person is inviolable, that reason shall regulate the will, that truth shall prevail over error.”
—Walter Lippmann (1889–1974)