Legal Definitions - general principle of law

A general principle of law refers to a fundamental legal concept or rule that is so widely recognized and essential to justice that it is found in most, if not all, sophisticated legal systems around the world. These principles are considered foundational because they reflect basic notions of fairness, reason, and order, and they often guide the interpretation and application of more specific laws, both within countries and in international relations.

Here are some examples illustrating this concept:

• Agreements Must Be Kept (Pacta Sunt Servanda)

  This principle dictates that once parties enter into a valid agreement, they are bound to uphold their promises. It is a cornerstone of contract law in virtually every legal system and is also fundamental to international law, where it ensures that treaties between nations are honored.

  • Example: When two countries sign a trade agreement outlining specific tariffs and import quotas, the principle of pacta sunt servanda means that both nations are expected to abide by those terms. If one country suddenly imposes higher tariffs without renegotiation, it would be seen as a violation of this fundamental legal principle.

    Illustration: This example demonstrates how the principle creates a binding obligation and fosters trust in international relations, reflecting a universally accepted standard for honoring commitments.

  • Example: A homeowner hires a contractor to build an extension, and they both sign a detailed contract specifying the work, timeline, and payment. The principle means both the homeowner must pay as agreed, and the contractor must complete the work as specified.

    Illustration: This shows the principle's application in domestic civil law, ensuring stability and predictability in private agreements.

• No One Should Profit From Their Own Wrong

  This principle asserts that an individual or entity should not be allowed to benefit financially or otherwise from an illegal or wrongful act they committed. It prevents wrongdoers from gaining an advantage from their own misconduct.

  • Example: If a person intentionally sets fire to their own business to collect insurance money, this principle would prevent them from receiving the insurance payout, as they would be profiting from their illegal act of arson.

    Illustration: This demonstrates the principle's role in preventing unjust enrichment in civil and criminal contexts, upholding a basic sense of justice.

  • Example: In inheritance law, if an heir murders the person from whom they are set to inherit, this principle would typically prevent the murderer from inheriting any assets, ensuring they do not benefit from their crime.

    Illustration: This highlights the principle's application in specific areas of law to ensure that wrongful conduct does not lead to legal advantage.

• The Right to Be Heard (Audi Alteram Partem)

  This principle, often translated as "hear the other side," means that before a decision is made that affects an individual or entity, they must be given a fair opportunity to present their side of the story, evidence, or argument. It is a core component of due process and fair legal proceedings.

  • Example: In a criminal trial, both the prosecution and the defense are given the opportunity to present their evidence, call witnesses, and make arguments to the judge or jury before a verdict is reached.

    Illustration: This exemplifies the principle's role in ensuring fairness and impartiality in judicial proceedings, a standard found in virtually all modern legal systems.

  • Example: If a university student is accused of academic misconduct, they must be given a chance to explain their actions and present any mitigating circumstances before the university imposes disciplinary measures like suspension or expulsion.

    Illustration: This shows the principle's application in administrative and institutional settings, ensuring that individuals are not penalized without a fair hearing.