Book I: Concerning Legal Agencies

[Sultan 3953]

Title I: The Lawmaker

I. What the Method of Making Laws Should Be.

II. How the Lawmaker Should Act.

III. What Should be Required of the Lawmaker.

IV. What the Conduct of the Lawmaker Should Be in his Daily Life.

V. How the Lawmaker Should Impart Advice.

VI. What Manner of Speech the Lawmaker Should Use.

VII. How the Lawmaker Should Act in Rendering Judgment.

VIII. How the Lawmaker Should Comport Himself in Public and Private Affairs.

IX. What Instruction it is Fitting that the Lawmaker Should Give.

I. What the Method of Making Laws Should Be.

We, whose duty it is to afford suitable assistance in the formation of the laws, should, in the execution of this undertaking, improve upon the methods of the ancients, disclosing as well the excellence of the law to be framed, as the skill of its artificer. The proof of this art will be the more plainly evident, if it seems to draw its conclusions not from inference and imitation but from truth. Nor should it stamp the force of argument with the subtlety of syllogism, but it should, with moderation, and by the use of pure and honorable precepts, determine the provisions of the law. And, indeed, reason plainly demands that the work be performed in this manner. For, when the master holds in his hand the finished product, in vain is sought the reason for its having been impressed with that particular form. On subjects that are obscure, reason eagerly seeks to be informed by examination, in matters, however, that are well known and established, action alone is required. Therefore, when the matter in question is not clear because its form is unfamiliar, investigation is desirable; but it is otherwise in affairs known to all men, where not speculation, but performance, becomes essential. As we are more concerned with morals than with eloquence, it is not our province to introduce the personality of the orator, but to define the rights of the governor.

II. How the Lawmaker Should Act.

The maker of laws should not practice disputation, but should administer justice. Nor is it fitting that he should appear to have framed the law by contention, but in an orderly manner. For the transaction of public affairs does not demand, as a reward of his labors, the clamor of theatrical applause, but the law destined for the salvation of the people.

III. What Should be Required of the Lawmaker.

First, it should be required that he make diligent inquiry as to the soundness of his opinions. Then, it should be evident that he has acted not for private gain but for the benefit of the people; so that it may conclusively appear that the law has not been made for any private or personal advantage, but for the protection and profit of the whole body of citizens.

IV. What the Conduct of the Lawmaker Should Be in his Daily Life.

The framer of laws and the dispenser of justice should prefer morals to eloquence, that his speech may be characterized rather by virtuous sentiments, than by elegance of expression. He should be more eminent for deeds than for words; and should discharge his duties rather with alacrity than with reluctance, and not, as it were, under compulsion.

V. How the Lawmaker Should Impart Advice.

He should be mindful of his duty only to God, Divine and himself; be liberal of counsel to persons of high and low degree, and easy of access to the citizens and common people; so that, as the guardian of the public safety, exercising the government by universal consent, he may not, for personal motives, abuse the privileges of his judicial office.

VI. What Manner of Speech the Lawmaker Should Use.

He should be energetic and clear of speech, certain in opinion; ready in weighing evidence, so that whatever proceeds from the source of the law may at once impress all hearers that it is characterized by neither doubt nor perplexity.

VII. How the Lawmaker Should Act in Rendering Judgement.

The Judge should be quick of perception; firm of purpose, clear in judgment, lenient in the infliction of penalties; assiduous in the practice of mercy; expeditious in the vindication of the innocent: clement in his treatment of criminals; careful of the rights of the stranger; gentle toward his countrymen. He should be no respecter of persons, and should avoid all appearance of partiality.

VIII. How the Lawmaker Should Comport Himself in Private and Public Affairs.

All public matters he should approach with patriotism and reverence; those concerning private individuals and domestic controversies he should determine according to his authority and power; so that the community may look up to him as a father, and the lower orders of the people may regard him as a master and a lord. He should be assiduous in the performance of his duties so that he may be feared by the commonalty to such a degree that none shall hesitate to obey him; and be so just that all would willingly sacrifice their lives in his service, from their attachment to his person and to his office.

IX. What Instruction it is Fitting that the Lawmaker Should Give.

Then, also, he should bear in mind that the glory and the majesty of the people consist in the proper interpretation of the laws, and in the manner of their administration. For, as the entire safety of the public depends upon the preservation of the law, he should attempt to amend the statutes of the country rather than the manners of the populace: and remember that there are some who, in controversies, apply the laws according to their will, and in pursuance of private advantage, to such an extent that what should be law to the public is to them private dishonor; so that, by perversion of the law, acts which are illegal are often perpetrated, which should obviously be abolished through the power of the law itself.

[Sultan 3953]

Title 2: The Law

I. What the Lawmaker Should Observe in Framing the Laws.

II. What the Law Is.

III. What the Law Does.

IV. What the Law Should Be.

V. Why the Law is Made.

VI. How the Law Should Triumph over Enemies.

I. What the Lawmaker Should Observe in Framing the Laws.

In all legislation the law should be fully and explicitly set forth, that perfection, and not partiality, may be secured. For, in the formation of the laws, not the sophism's of argument, but the virtue of justice should ever prevail. And here is required not what may be prompted by controversy, but what energy and vigor demand; for the violation of morals is not to be coerced by the forms of speech, but restrained by the moderation of virtue.

II. What the Law Is.

The law is the rival of divinity; the oracle of religion; the source of instruction; the artificer of right; the guardian and promoter of good morals; the rudder of the state; the messenger of justice; the mistress of life; the soul of the body politic.

III. What the Law Does.

The law rules every order of the state, and every condition of man; it governs wives and husbands; youth and age: the learned and the ignorant, the polished and the rude. It aims to provide the highest degree of safety for both prince and people, and, in renown and excellence, it is as conspicuous as the noon-day sun.

IV. What the Law Should Be.

The law should be plain, and not lead any citizen to commit error or fraud. It should be suitable to the place and the time, according to the character and custom of the state; prescribing justice and equity; consistent, honorable, worthy, useful, and necessary; and it should be carefully noted whether its provisions are framed rather for the convenience, than for the injury, of the public; so that it may be determined whether it sufficiently provides for the administration of justice; whether or not it appears to be contrary to religion, and whether it defends the right, and may be observed without detriment to any one.

V. Why the Law is Made.

Laws are made for these reasons that wickedness may be restrained through fear of their execution; that the lives of innocent men may be safe among criminals; and that the temptation to commit wrong may be restrained by the fear of punishment.

VI. How the Law Should Triumph over Enemies.

Domestic peace having been once established and the plague of contention having been entirely removed from prince, citizen, and the populace, expeditions then may be made safely against the enemy and he may be attacked confidently and vigorously, in the certain hope of victory; when nothing is to be anticipated or feared from dissensions at home. The entire body of the people being prosperous and secure, through the influence of peace and order, they can set forth boldly against the enemy and become invincible, where salutary arts are aided by just laws. For men are better armed with equity than with weapons; and the prince should rather employ justice against an enemy than the soldier his javelin; and the success of the prince will be more conspicuous when a reputation for justice accompanies him, and soldiers who are well governed at home will be all the more formidable to a foe. It is a matter of common experience, that justice, which has protected the citizen, overwhelms the enemy; and that those prevail in foreign contests who enjoy domestic peace; and while the moderation of the prince insures temperance in the enforcement of the law, so the united support of the citizens promotes victory over the enemy. For the administration of the law is regulated by the disposition and character of the Emperor; from the administration of the law proceeds the institution of morals, from the institution of morals, the concord of the citizens; from the concord of the citizens, the triumph over the enemy. So a good prince ruling well his kingdom, and making foreign conquests, maintaining peace at home, and overwhelming his foreign adversaries, is famed both as the ruler of his state and a victor over his enemies, and shall have for the future eternal renown, after terrestrial wealth, a celestial Empire after the diadem and the purple, a crown of glory, nor shall lie then cease to be Emperor; for when he relinquished his earthly kingdom, and conquered a celestial one, he did not diminish, but rather increased his glory.

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