Maxim 8.1.16
A judge must take care that nothing be imposed either more harshly or more leniently than the cause demands; for the reputation of neither severity nor clemency should be pursued.
Respiciendum est judicanti, ne quid aut durius aut remissius constituatur quam causa deposcit; nec enim aut severitatis aut clementiae gloria affectanda est.
Source: 3 Inst. 220
Difficulty 2/5 — Approachable
Explanation
The judge who sentences to make an example, or who pardons to win popularity, has abandoned justice for vanity — the punishment must fit the offense, no more and no less.
Where this applies
- A judge gave an unusually harsh sentence to make an example out of someone.
- The court was too lenient because the judge wanted to be popular — neither extreme is justice.
Legal domains
See also
Cite this maxim
NeCede Max. 8.1.16 — A judge must take care that nothing be imposed either more harshly or more leniently than the cause demands; for the reputation of neither severity nor clemency should be pursued. — 3 Inst. 220 (Respiciendum est judicanti, ne quid aut durius aut remissius constituatur quam causa deposcit; nec enim aut severitatis aut clementiae gloria affectanda est.)
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