Liber III, Pars II — Quot, et quae opera debent continere leges, quae a regibus, et principibus sunt condendae. Cap. XXVIII.

Liber III, Pars II — Quot, et quae opera debent continere leges, quae a regibus, et principibus sunt condendae. Cap. XXVIII.

We show in the preceding chapters what kind of laws should be established by kings and princes, for they must be just and suitable laws imposed on the people. However, in this chapter, we want to clarify what the effects of laws are and what actions should be included in such laws. It is said that there are five effects of laws, or five legal actions. These are: to prescribe, to permit, to prohibit, to reward, and to punish. For laws are, as was said above, certain rules for our actions: just as medicine seeks to regulate and balance human humors through diet, potions, and other means, so political science, which concerns the governance of the kingdom and the city, aims to regulate and balance human actions through laws and other teachings. Regarding human actions, there can be a twofold concern: one is for actions that are future, before they are committed; the other is for actions that are already in existence. In both cases, there should be care regarding the conditions of laws concerning human actions. Therefore, some effects of laws are considered in relation to actions that are to be done. However, some effects of the laws are considered with respect to actions that have already been performed. Regarding actions that are to be performed, we attribute three things to the laws: namely, to command, to permit, and to prohibit. As for actions that have already been performed, we attribute two things to the laws: namely, to punish and to reward. Thus, actions that are notably bad should be prohibited before they happen; but once they have occurred, they should be punished. Conversely, notably good actions should be commanded and encouraged before they happen; but once they have occurred, they should be rewarded. As for indifferent actions, or those that are neither notably good nor notably bad, they are considered permissible by human laws; once they are performed, they are neither punished nor rewarded. Therefore, according to these three types of actions to be performed, we attribute three things to the laws. Namely, to command regarding good actions, to prohibit regarding bad actions, and to permit regarding indifferent actions. It's important to note that the law is imposed as if it applies to everyone, yet not everyone can fully grasp the standard of goodness, because not all can be completely perfect. Therefore, not only should indifferent actions be permitted, but also those that have a minor degree of malice attached to them can be allowed by the legislator. Considering what should be assigned to laws regarding actions to be done, it can be seen that there are minor things that can be assigned to them regarding actions already taken. These, however, are two: to punish and to reward. So, actions that are notably evil should be prohibited before they happen; but once they have occurred, they should be punished. On the other hand, actions that are notably good should be prescribed and recommended by law before they happen; once they are done, they should be rewarded. But actions that are indifferent, or not notably good or notably evil, are considered permissible by human laws; once they are done, they are neither punished nor rewarded. Thus, we assign five categories to laws: two regarding good actions, to prescribe what should be done and to reward what has been done; and two regarding evil actions, to prohibit what should be done and to punish what has been done; but one category we assign to laws regarding indifferent or seemingly indifferent actions, to permit them. Therefore, having discussed these matters, let’s say that it is fitting for kings and princes, whose duty it is to care for the common good, to diligently labor over the governance of the kingdom and the city, to consider carefully what laws and regulations they should impose on the citizens, and to thoroughly discuss with themselves and their advisors which good actions should be encouraged and rewarded, which bad actions should be prohibited, which should be overlooked, and which should be permitted.