"It is better that a guilty man should not be brought to trial than that he should be acquitted"
About this Quote
Livy’s line is a clean slice of Roman moral calculus: the state’s dignity matters more than the courtroom’s catharsis. In modern ears it sounds almost perverse - why prefer no trial to an acquittal when the man is guilty? But that’s the point. Livy is writing in a world where law is not just a truth-finding machine; it’s theater with consequences for authority, reputation, and public trust. An acquittal doesn’t simply “let someone go,” it publicly declares the system either unable to prove what everyone suspects, or willing to bend under influence. Both outcomes weaken the state.
The subtext is about risk management and optics. Better to avoid the spectacle of failure than to stage a prosecution that collapses. Livy is signaling a hard-headed awareness that trials are political events: juries can be swayed, witnesses bought, elite networks activated. If you drag a notorious figure into court and lose, you don’t just fail to punish him; you hand him legitimacy. Acquittal becomes a kind of absolution, a civic laundering.
Contextually, Livy’s history is steeped in anxiety about Rome’s late-Republic chaos and the Augustan promise of restored order. His moral narratives often warn that institutions corrode when ambition and faction turn public processes into weapons. This aphorism fits that worldview: justice isn’t only about desert, it’s about preserving the credibility of judgment itself. The unsettling implication is that sometimes the state quietly chooses not to know - or not to prove - because the public failure of prosecution would do more damage than private impunity.
The subtext is about risk management and optics. Better to avoid the spectacle of failure than to stage a prosecution that collapses. Livy is signaling a hard-headed awareness that trials are political events: juries can be swayed, witnesses bought, elite networks activated. If you drag a notorious figure into court and lose, you don’t just fail to punish him; you hand him legitimacy. Acquittal becomes a kind of absolution, a civic laundering.
Contextually, Livy’s history is steeped in anxiety about Rome’s late-Republic chaos and the Augustan promise of restored order. His moral narratives often warn that institutions corrode when ambition and faction turn public processes into weapons. This aphorism fits that worldview: justice isn’t only about desert, it’s about preserving the credibility of judgment itself. The unsettling implication is that sometimes the state quietly chooses not to know - or not to prove - because the public failure of prosecution would do more damage than private impunity.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
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