The Numen Of Law

Legal principle is such kind of principle with its legal nature, which certainly could be used as a kind of standard of judicial verdicts. Legal principle goes between legal system and general ethic, which provides the law, with ethical as its substantial character, the necessary justness. The judges have concluded most of the legal principles from the long-term judicial practice, which are of stronger effects than policies in judicial process, thus judicial is another important character of legal principle. There are sameness and difference between legal principle and legal rule, moral principle, legislative principle and policy, of which the difference between legal principle and policy should be projected. Although sometimes policy is defined as a kind of law, it could not be considered as legal principle yet. The traditional definition of legal principle of policy should be driven out of the family of legal principle, "prohibition from escaping to general terms" is a basic rule of law application, while legal principle should be employed if the regulations are out of place. The judges should reinforce the significance of legal principle by finding out the original model in the real life when it is to be taken in a certain case and balance between the conflicting legal principles and also when conflicts emerge between legal principle and regulations. The application of legal principles could be a double-edged sword. The legal principle shows its obstinate and unruly nature when it is employed to make law application more flexible and just, which makes stricter procedural constraints and more sufficient reasoning in the process of applying legal principle. Moreover, to establish a set of models of applying legal principle will help to make its application more standardized.