Understanding Principles Of Law
Understanding Principles of Law
The principle of law is the basic idea which has a general and abstract. Legal principles contained in each berbagaisistem law and incarnate in every positive law.
The principle of the law is a basic rule or a principle in law that is still abstract. Can also be said, the principle of the law is the basis which is basically the background of a regulation that has properties of concrete and how well the law can be implemented.
Term
The principle can be seen in English is called the principle, while in the Great Dictionary of Indonesian alone can mean the basic legal principles or the basis of something that became the foundation of thought or expression. Moreover, the principle can also be interpreted as a basis for ideals.
The principle of the law is something that has a very basic nature in the law that must be made in reference or in pedomani. Legislation should not be contrary to the principles applicable in law. Likewise, the implementation or an implementation of the law in everyday life as well as all sorts verdict must always refer to the legal principle that the case should not be contradictory as well.
According to experts
Can be seen some sense being addressed by experts on legal principles, namely:
1. Van Scholten, legal principles is a tendency that is required by the top view of human morality to the law and is also a common trait with all kinds of limitations as demeanor, but it also should not be, there must be.
2. Bellefroid, the legal principle is a basic norm that is derived from positive law and also by the laws of science are not ascribed a variety of more general rules.
3. Van der Velden, the legal principle that is the type of decision is used as a benchmark to assess the situation or be used as a guideline for behavior.
4. Van Eikema Hommes, the principle of the law is not of legal norms is concrete but it is a common thought or user base for the applicable law.
Can be concluded that :
The legal principle is the basic idea of a general nature and is abstract and is not a law that is concrete. But the legal principles contained in every legal system and incarnate in every positive law so that it can be found by searching for common properties in the rule of law.
Differences between Norma Law and Legal Principles
Legal norms and principles of law are two things that are different in the science of law.
There are also some mendasar differences between the legal norms and principles in law, is as follows:
Judging from the shape, rule of law consists of rules that are real while the law is a basic principle of the general and abstract thinking;
Conceptually, the norm of law is an elaboration of the idea or concept, while the principle of law is a basic conception that has been translated into legal norms;
Aspects of the sanctions, the violation of legal norms will result in sanctions while it does not have the legal principle of sanctions.
The difference can be seen in the above provide various images that are clear that it is a basic principle of law on the establishment of a rule of law or the rule of law while the legal norm is derived or originated on the principle of law.
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