“The severity of the laws prevents their execution.”
- January 18, 1689 – February 10, 1755
- French
- Political Philosopher, Jurist, Author of The Spirit of the Laws
table of contents
Quote
“The severity of the laws prevents their execution.”
Explanation
Montesquieu argues that excessively harsh laws are often self-defeating—they are so severe that society becomes unwilling or unable to enforce them consistently. When punishments are disproportionate, judges may hesitate to convict, officials may be reluctant to carry out sentences, and the public may lose confidence in the justice system. As a result, the law fails to achieve its purpose: the regular and fair administration of justice.
This principle aligns with Montesquieu’s broader belief in moderation and proportionality in governance, especially in The Spirit of the Laws. He championed a legal system based on rationality, fairness, and the spirit of the people, not fear or cruelty. To Montesquieu, laws must be strong enough to deter wrongdoing, but humane enough to be applied without hesitation or injustice.
In today’s world, this insight remains crucial. Harsh sentencing laws or overly rigid regulations can lead to uneven enforcement, mass incarceration, or miscarriages of justice. Montesquieu reminds lawmakers and citizens alike that effective law is not about how extreme it is, but how fairly and consistently it can be upheld. True justice lies in balance—not brutality.
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