Los PRINCIPIOS GENERALES DEL DERECHO: para qué sirven y los más importantes⚖️

Main ideas and lessons (clearly outlined)

• What general principles of law are

  • A set of statements considered rationally true and ethically just.
  • They form the foundation of a State’s legal system.
  • They are called:
    • “Principles” because they are the bases that support the whole legal system and to which it is subordinated.
    • “General” because they apply broadly across the entire legal/regulatory system, not only to a narrow area of society or law.
    • “Of Law” because they are technical legal concepts, not merely moral reflections.
  • They are inviolable:
    • If a legal decision (“a sentence”) contradicts these principles, it is treated as not law at all and therefore illegitimate.
  • They are the highest source of authority when:
    • There is no positive legislation (no enacted law) for a situation, or
    • Existing laws are too unspecific to decide a particular case.

• Functions of general principles of law

  • Provide the ethical and rational foundation of the legal system.
  • Constitution and legislation must derive from them and must comply with them in all details (they are connected to “positive law”).
  • Guide legal interpretation when the meaning/application of a statute or regulation is ambiguous.
  • Allow the judge to decide using legitimate authority even when there are no laws or customs covering the case.

• Number and variation

  • There are many general principles, and they tend to increase as doctrine and legal systems evolve.
  • Not every legal system uses exactly the same principles; a principle common in one country might not be part of another’s legal basis.

Common general principles mentioned (with examples)

1) “Laws must be for everyone” (public interest)

• The State must govern for all inhabitants of its territory.
• Laws must serve society’s interest, not only the State’s interest.
• Example:
  • When constitutions are amended, changes should benefit the entire population, not just part of it or part of the State.

2) “No one should be sentenced without being heard” (due process)

• Connected to due process, meaning legal guarantees for accused persons.
• A core due-process guarantee is the right to legitimate defense (the right to be heard).
• Example:
  • Nuremberg hearings, where Nazi leaders/war criminals argued in their own defense before judges, jurors, and prosecutors.

3) “It is understood that the person in whose name it is done does the thing” (responsibility, incl. “intellectual authorship”)

• Criminal responsibility is not only for the person who physically executes the act.
• It also includes those who, through payment or via power/position in a high hierarchy, are considered causes of the crime.
• Examples:
  • Hired killer: the sentence should apply not only to the hired murderer, but also to the person who commissioned the killing.
  • Crimes against humanity / genocide: liability can include colonels/generals who ordered mass murder from positions of power.

4) “What is not prohibited is allowed” (principle of legality/freedom within the law)

• People and companies may do anything that is not specifically prohibited by current law.
• Example:
  • Companies may hire auditing firms to exploit legal loopholes and reduce taxes without violating the law.

5) “Whoever knows and consents does not receive insult or deception” (consent and understanding negate certain victim claims)

• If a person has the mental maturity and health to understand the other party’s intentions and agrees, they cannot be treated as a victim of deception or aggression because they acted by free will.
• Example (sexual-abuse context):
  • For sexual abuse to exist, it is required that the victim does not know, does not consent, or does not know/does not consent.
  • Minors: even if a minor seems to consent, the law may treat it as abuse because the minor is not presumed capable of fully understanding.
  • Resistance/non-tolerance: sexual abuse can also exist if the victim does not tolerate the act and resists, whether or not the victim understands the abuser’s intentions.

6) “We are all equal before the law”

• The law must treat individuals equally under the same conditions.
• Equality applies regardless of gender, nationality, political ideology, religion, etc.
• In criminal justice:
  • The law must be impartial and impose the same penalties set by legal norms.
  • No special advantage should be granted due to rank/official status or wealth.

7) “He who affirms is obliged to prove” (burden of proof)

• If someone makes an accusation (e.g., a journalist accuses an official of embezzlement), the accuser must provide evidence.
• The mere act of accusing does not automatically make the accused legally guilty.
• The accused should respond only once the court reviews and accepts the accuser’s evidence.

Speakers / sources featured

• No specific speaker is identified in the subtitles.
• Source event referenced: Nuremberg hearings (trials related to the Nazi regime).