The Major Role of the General Principles of Law in the Elaboration of the Juridical Norms

摘要

The general principles of law mirror the system of law at a certain moment, as they represent the foundation of the legal system, which ensures the unity, homogeneity, coherence and capacity of the whole social system. The existence of the general principles of law is undeniable. The most part of the doctrine identifies general principles of law, the same as in the doctrine the branch principles have been acknowledged, like reflections of the general principles. Since the oldest times, the specialists in law, the theoreticians, the researchers have tried to explain law formation and functioning, law reason and the specification of the guiding lines and of the principles of law. The word principle comes from the Latin principium, which meant source, primary source, and also fundamental element. If someone wants to get to know the law in its logical totality, i.e. to get to know the essential elements common to all the juridical systems, the particularities of the systems have to be left aside and the aim should be the universal concept of law. As regards the origin of the general principles of law, even if they are not extra-juridical, they can derive from non-juridical normative systems, such as the moral or political ones. Relevant example in the first case is the principle of equity, and in the second case the principle of the separations of powers. The general principles of law are acknowledged by the juridical order of the states. Thus, in the French law there are principes genereaux du droit, in the German law - Grundsatz, in the English law - Leading principles etc. Reconsidering the role of the principles of law becomes a necessity in the context in which the dynamic of the evolution of the societies involves a continuous erosion of the traditional forms and contents of law.