Do not issue many edicts, and if you do, try to make them good ones, and, above all, ones that are carried out and obeyed; for edicts that are not carried out are as good as nonexistent, and they let it be known that the prince who had the intelligence and authority to issue them did not have the courage to enforce them; laws that intimidate but are not enforced become like the log that was king of the frogs: at first it frightened them, but in time they came to despise it and climbed up on it.
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I have always held it an opinion (making it also my practice) that it is better to obey a bad law, making use at the same time of every argument to shew its errors and procure its repeal, than forcibly to violate it; because the precedent of breaking a bad law might weaken the force, and lead to a discretionary violation, of those which are good.
If a law be bad it is one thing to oppose the practice of it, but it is quite a different thing to expose its errors, to reason on its defects, and to show cause why it should be repealed, or why another ought to be substituted in its place. I have always held it an opinion (making it also my practice) that it is better to obey a bad law, making use at the same time of every argument to show its errors and procure its repeal, than forcibly to violate it; because the precedent of breaking a bad law might weaken the force, and lead to a discretionary violation, of those which are good.
The whole of the laws which were required to be faithfully executed were being resisted and failing of execution in nearly one-third of the States. Must they be allowed to finally fail of execution, even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen's liberty that practically it relieves more of the guilty than of the innocent, should to a very limited extent be violated? To state the question more directly, Are all the laws but one to go unexecuted, and the Government itself go to pieces lest that one be violated? Even in such a case, would not the official oath be broken if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it?
Attempts to enforce by legal sanctions, acts obnoxious to so great a proportion of Citizens, tend to enervate the laws in general, and to slacken the bands of Society. If it be difficult to execute any law which is not generally deemed necessary or salutary, what must be the case, where it is deemed invalid and dangerous? And what may be the effect of so striking an example of impotency in the Government, on its general authority?
I. We require of you, as the first servant of the Republic, charged especially and preeminently with this duty, that you EXECUTE THE LAWS. Most emphatically do we demand that such laws as have been recently enacted, which therefore may fairly be presumed to embody the present will and to be dictated by the present needs of the Republic, and which, after due consideration have received your personal sanction, shall by you be carried into full effect, and that you publicly and decisively instruct your subordinates that such laws exist, that they are binding on all functionaries and citizens, and that they are to be obeyed to the letter.
It is the duty of a king to enforce, if he can, those royal laws which have become proverbial owing to their principles of justice and mercy. But if owing to change of time and circumstances he is unable to enforce the laws of the ancients (i.e. ancient Muslim rulers), he should, with the counsel of wise men… frame laws suited to his time and circumstances and proceed to enforce them. Much reflection is necessary in order that laws, suited to his reign, are properly framed.
An order must first of all be clear. A meditation may be vague, a scheme always has something of the vision in it, but an order must be precise. All order can be misunderstood; an obscure one will never be understood. "To do a thing well," said Napoleon, "one must do to oneself." This is not always true, but the prudent leader will admit that few people understand and that almost everyone forgets. It is therefore not enough to give an order; one must see to its execution and, when giving it, anticipate anything that may nullify its effectiveness. The stupidity of human beings and the malevolence of chance are limitless. The unexpected always happens. The leader who endeavors to frustrate the onset of ill luck and who strengthens the weak points in his schemes against stupidity is more apt to impose his will than one who does not take these measures.
We must foster in us the awareness that the actual laws are, on the whole, something limited and that there is always need of integration and correction, and this attention to possible changes must be kept especially in regard to more important things. Citizens often use the opposite method: they disobey the small laws, and they obey the important ones. They have not widened their spirit to look above all at these last ones, which at times are unjust impositions. Then disobedience to these becomes a witness.
It would therefore be a good thing for us to obey laws and customs because they are laws: to know that there is no right and just law to be brought in, that we know nothing about it and should consequently only follow those already accepted. In this way we should never give them up. But the people are not amenable to this doctrine, and thus, believing that truth can be found and resides in laws and customs, they believe them and take their antiquity as a proof of their truth (and not just of their authority, without truth). Thus they obey them but are liable to revolt as soon as they are shown to be worth nothing, which can happen with all laws if they are looked at from a certain point of view.
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