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NeCede's

Maxim 7.8.6

Let the punishment reach the few, but the fear of it affect all.

Poena ad paucas, metus ad omnes perveniat.

Source: 4 Inst. 6; 4 Bl. Comm. 11; Weisman, 92p Difficulty 1/5 — Foundational

Explanation

The purpose of punishment is deterrence, not vengeance — it should be proportioned so that its certainty discourages all, even though only the guilty suffer it.

Where this applies

  • The purpose of sentencing a criminal isn't revenge — it's to deter others from doing the same thing.
  • A public trial serves to warn everyone, not just to punish the guilty.

Topics

Punishment

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 7.8.6 — Let the punishment reach the few, but the fear of it affect all. — 4 Inst. 6; 4 Bl. Comm. 11; Weisman, 92p (Poena ad paucas, metus ad omnes perveniat.)

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