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.)
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