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:
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)
“Freedom is a man’s natural power of doing what he pleases, so far as he is not prevented by force or law.”
—Marcus Tullius Cicero (106–43 B.C.)
“Wise Draco comes, deep in the midnight roll
Of black artillery; he comes, though late;
In code corroborating Calvin’s creed
And cynic tyrannies of honest kings;
He comes, nor parlies; and the Town, redeemed,
Gives thanks devout; nor, being thankful, heeds
The grimy slur on the Republic’s faith implied,
Which holds that Man is naturally good,
And—more—is Nature’s Roman, never to be
scourged.”
—Herman Melville (1819–1891)
“In communist society, where nobody has one exclusive sphere of activity but each can become accomplished in any branch he wishes, society regulates the general production and thus makes it possible for me to do one thing today and another tomorrow, to hunt in the morning, fish in the afternoon, rear cattle in the evening, criticize after dinner, just as I have a mind, without ever becoming hunter, fisherman, shepherd or critic.”
—Karl Marx (1818–1883)
“[The sceptic] must acknowledge, if he will acknowledge any thing, that all human life must perish, were his principles to prevail. All discourse, all action would immediately cease, and men remain in a total lethargy, till the necessities of nature, unsatisfied, put an end to their miserable existence.”
—David Hume (1711–1776)