Principle

A principle (plural: principles, from the Latin principium = beginning, origin) is that from which another has its origin. It represents a given law that is superior to other laws (the term law is replaced by the terms of law, natural law, rule, directive, guideline for behavior principle, postulate ). In the classical sense, the principle is absolutely at the top, but this is less strictly applied in everyday language. In addition, there is a term of principle that allows a concatenation of laws (rules, etc. ) (eg principle of the social market economy). The concrete meaning is context dependent.

Subdivision

Principles can be divided into axiomatic and systematic principles.

  • Colloquially, it is in a principle to a principle, a fixed rule, to which one adheres. Example: He is a man of principle and to stand by what he says. As a contrast we speak in situations with a high degree of flexibility required by a stickler.
  • In physics and mathematics, a principle is a law or a general rule, which has often been suggested in the physics basis of observation. Examples are the Archimedean principle, the principle of least action, the principle of chance or ( in atomic physics ) the Pauli principle or ( in astrophysics ) the Cosmological Principle.
  • In philosophy, a principle is what something is based, so it is held, the last reason is the ground, origin, starting point of all that exists, and finally based on which all thinking, justifying and reasoning. Examples are the so-called rational principles of consistency or of sufficient reason.
  • In the law "principle" means similar to a principle rather a guideline, a goal that should be achieved as far as possible. For this reason, principles, standards are also often referred to as optimization commandments. Principles can thereby be met in varying degrees. The degree of compliance can vary according to the factual and legal circumstances. It is in principle just not a rule. Rules require, in contrast to the principle not only consideration, but strict observance; they are either met or not met. Accordingly, the conflict should be solved either by a recorded in one of the rules derogating provision in the case of the collision of two rules or the fact that one of the rules concerned is declared invalid, such as by the general rules of the competition of standards. In the case of conflicting principles, however, must be a principle - depending on weight - one behind the other to withdraw, without this the invalidity of the back standing principle result. The result found rather applies only under certain circumstances and can accordingly be different under different circumstances. Alternatively, should the conditions under which a principle going on another, they can also be facts of a rule, which expresses the legal consequence of the foregoing principle. In particular, by Robert Alexy controversial, it is argued that fundamental rights are to be understood as principles rather than rules.
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