Maxim 7.3.9
It is not the rigor but the inexpediency of laws and acts of authority which make them tyrannical.
Source: C.L.M.; Weisman, 25a
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A law does not become tyrannical merely because it is strict; tyranny arises when law serves no just purpose or exceeds the scope of the authority delegated by the People. Legislation that bears no rational connection to the security of natural rights is an act of arbitrary power, not of lawful governance.
Where this applies
- A strict speed limit on a dangerous mountain road is not tyrannical because it serves a clear safety purpose, but a curfew imposed on adults for no stated reason is.
- A law requiring food handlers to wash their hands is strict but reasonable, while a law banning all outdoor gatherings without any public-health justification is tyrannical.
- Heavy penalties for drunk driving are rigorous but serve the public good, while criminalizing peaceful assembly without cause is an act of arbitrary power.
Legal domains
Cite this maxim
NeCede Max. 7.3.9 — It is not the rigor but the inexpediency of laws and acts of authority which make them tyrannical. — C.L.M.; Weisman, 25a
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