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 disfranchisement of a single legal elector by fraud or intimidation is a crime too grave to be regarded lightly.”
—Benjamin Harrison (1833–1901)
“It is a dogma of the Roman Church that the existence of God can be proved by natural reason. Now this dogma would make it impossible for me to be a Roman Catholic. If I thought of God as another being like myself, outside myself, only infinitely more powerful, then I would regard it as my duty to defy him.”
—Ludwig Wittgenstein (1889–1951)
“Teach me thy patience; still with thee
In closer, dearer company,
In work that keeps faith sweet and strong,
In trust that triumphs over wrong,”
—Washington Gladden (1836–1918)
“The general who advances without coveting fame and retreats without fearing disgrace, whose only thought is to protect his country and do good service for his sovereign, is the jewel of the kingdom.”
—Sun Tzu (6th–5th century B.C.)
“Struggle is the father of all things.... It is not by the principles of humanity that man lives or is able to preserve himself above the animal world, but solely by means of the most brutal struggle.”
—Adolf Hitler (1889–1945)