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)
“May she be granted beauty and yet not
Beauty to make a stranger’s eye distraught,
Or hers before a looking-glass, for such,
Being made beautiful overmuch,
Consider beauty a sufficient end,
Lose natural kindness”
—William Butler Yeats (1865–1939)
“And Faith fair scorn doth gain.
From so ungrateful fancy,
From such a female franzy,
From them that use men thus,
Good Lord deliver us.”
—Sir Philip Sidney (1554–1586)
“We have seen over and over that white male historians in general have tended to dismiss any history they didn’t themselves write, on the grounds that it is unserious, unscholarly, a fad, too “political,” “merely” oral and thus unreliable.”
—Adrienne Rich (b. 1929)
“The principles which men give to themselves end by overwhelming their noblest intentions.”
—Albert Camus (1913–1960)