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I've heard versions of it before - often used by Libertarian types.
Can't help thinking that it's a bit of a logical fallacy - or, at least, often applied in a way that makes it so. If you don't have the law in the first place then of course, technically speaking, it can't be broken - doesn't mean people aren't out there doing that shit. It's a bit like the idea that the less medical testing you do, the less cases of a disease you'll have - which some other great thinker came up with. Forget who.
Whether or not Cicero used that exact phrase, he certainly expressed the point it was intended to illustrate - i.e., there's a difference between legal / illegal versus right / wrong. He was drawing the contrast between the domain of morals / ethics and the domain of formal laws / regulations.