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 practise 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.[1]
=V. How the Lawmaker Should Impart Advice.=
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