Skip to content
NeCede's

Maxim 8.3.14

Justice is double; punishing with severity, preventing with lenity.

Justitia est duplex; viz. severe puniens et vere praeveniens.

Source: 3 Inst. Epil.; Jackson; Weisman, 68j Difficulty 1/5 — Foundational

Explanation

The two arms of justice are punishment after the fact and prevention before it — the law is most effective when it deters wrongs before they occur through gentle warning, reserving harsh measures for those who offend nonetheless.

Where this applies

  • It's better to warn people away from crime than to punish them after they commit it.
  • Prevention through education and deterrence is preferable to harsh punishment after the fact.

Legal domains

Cite this maxim

NeCede Max. 8.3.14 — Justice is double; punishing with severity, preventing with lenity. — 3 Inst. Epil.; Jackson; Weisman, 68j (Justitia est duplex; viz. severe puniens et vere praeveniens.)

Found an error? Suggest a correction →