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In French law, judges cannot create legal norms, because of the principle known as "la prohibition des arrêts de règlement" of Article 5 of the French civil code: "Judges are forbidden from pronouncing in a generally dispositive and regulatory fashion on the matters submitted to them." They can only put into evidence and interpret existing norms. This general principle underlies the state of existing law, which is merely uncovered by the judge. The general principles of law, principes généraux du droit, PGD are rules of universal scope which: apply even when unwritten; are uncovered through case law; are not created but "discovered" by the judge, based on the state of law and society at a given point in time. The Court of Justice of the European Union also recognizes general principles of law in European Union law. In international law, "general principles of law recognized by civilized nations" are considered a source of law under Article 38.1 (c) of the statute governing the International Court of Justice. Traditionally, the general principles of law have a very minor role in civil law, which is essentially codified, and a much larger role in administrative law, which is largely based on case law, since for a very long time, very few texts of general scope covered all, or even most, administrative activities. These general principles, and particularly their judicial interpretation, have been debated in legal theory. The expression "general principles of law" was consecrated after the Liberation of France by an arrêt about the rights of defendants. (principe des droits de la défense) The Tribunal des conflits cited this principle, in its decision of 8 February 1873, titled Dugave et Bransiet. Source: Wikipedia (en)
Editions published in Annals of Mathematics 1708
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Demonstration of Descartes's Theorem and Euler's Theorem
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On the Use of Somoff's Theorem for the Evaluation of the Elliptic Integral of the Third Species
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On Compound and Reverse Curves
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On a Theorem Relating to Closed Plane Curves
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A Short Demonstration of the Exponential Theorem
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On the Differential Equation
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On the General Linear Differential Equation
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A Solution of Kepler's Problem for Planetary Orbits of High Eccentricity
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A Theorem in Factorials
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On an Extension of Holditch's Theorem
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Extension of Rolle's Theorem
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A Simple Proof of a Theorem with Reference to Tangents Touching a Surface in Two Points
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A Theorem in Plane Cubics
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The Cartesian Oval and Related Curves as Sections of the Anchor Ring
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Note on Isogonal Transformation; Particularly on Obtaining Certain Systems of Curves Which Occur in the Statics of Polynomials
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A Study of Certain Special Cases of the Hypergeometric Differential Equation
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Pockels on the Differential Equation Δu + k 2 u = 0
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A Construction for the Imaginary Points and Branches of Plane Curves
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Literal Expression for the Motion of the Moon's Perigee
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Equations and Variables Associated with the Linear Differential Equation
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On the Symmetrical Form of the Differential Equations of Planetary Motions
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On the Nabla of Quaternions
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A General Theorem Relating to Transversals, and Its Consequences
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On the Solution of a Certain Differential Equation Which Presents Itself in Laplace's Kinetic Theory of Tides.
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On Triangles with Rational Sides and Having Rational Areas
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Invariants of Curves and Surfaces of the Second Degree by the Group of Motions and the Group of Similitude
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An Analog to De Moivre's Theorem in a Plane Point System
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A General Theorem Relating to Transversals, and Its Consequences
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Proof of a Theorem in Continued Fractions
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Equations and Variables Associated with the Linear Differential Equation
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A Binomial Theorem, Expressed in Form of a Factorial, which is Always Convergent
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Calculus of Variations: Further Discussion of the First Variation and the Solution of the Differential Equation G = 0 for Several Interesting Examples
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