Recents in Beach

Discuss Machiavelli’s view on role of law and law giver.

 Machiavelli had conviction that liberty can be only possible within the framework of laws. Law can protect individuals from corrupt ruler and also can liberate the individuals from becoming the victim of their natural self-destructive tendency, namely the pursuit of self-interest. He believed that ruler can infuse the civic virtue with the help of religion as well as good laws.

Machiavelli attached significant importance to the role of lawgiver. The primary task of a legislator was to enact laws that would guarantee and safeguard liberty. Rome could achieve greatness because of its continued efforts at introducing new institutions that made liberty possible. Therefore, Machiavelli assigned an important position to law-giver and law in his scheme of things. Force, fraud and fear are no solid foundations for the society and the state and their use by ruler needs to be reinforced by some force which has a greater appeal to man and which is law. Law is indispensable for the society and the state. It moulds the national character of the people. It inculcates moral and civic virtues in individuals. These virtues are good for all states but are indispensable for republics. In view of the selfish nature of man, law is the most effective means of holding the society and the state together because it compels the egoistic individual to honour his moral obligations. For this reason a wise law-giver is of supreme importance. He is the architect not only of the state but of society as well, with all its moral, religious and economic institutions.

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