essay on crime and punishments cesare beccaria (italy 1764)

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An Essay on Crimes and Punishments

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• Beccaria: 'On Crimes and Punishments' and Other Writings

Beccaria: 'On Crimes and Punishments' and Other Writings

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• Cesare Beccaria
• Edited by Richard Bellamy , University of East Anglia
• Translated by Richard Davies
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This edition of Beccaria's On Crimes and Punishments and other writings presents an interpretation of his thought. Drawing on Italian scholarship, Richard Bellamy shows how Beccaria wove together the various political languages of the Enlightenment into a novel synthesis, and argues that his political philosophy, often regarded as no more than a precursor of Bentham's, combines republican, contractarian, romantic and liberal as well as utilitarian themes. The result is a complex theory of punishment that derives from a sophisticated analysis of the role of the state and the nature of human motivation in commercial society. The translation used in this edition is based on the fifth Italian edition, and provides English-speaking readers with Beccaria's own order of his text for the first time. A number of pieces from his writings on political economy and the history of civilisation which were not previously available in English are also included.

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Frontmatter pp i-iv

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Contents pp v-vii

Acknowledgements pp viii-viii, introduction pp ix-xxx.

• By Richard Bellamy , University of East Anglia

Chronology pp xxxi-xxxii

Biographical glossary pp xxxiii-xl, note on the texts pp xli-xlv, bibliographical note pp xlvi-l, on crimes and punishments pp 1-1, frontispiece pp 2-2, to the reader pp 3-6, introduction pp 7-8, 1 - the origin of punishment pp 9-9, 2 - the right to punish pp 10-11, 3 - consequences pp 12-13, 4 - the interpretation of the laws pp 14-16, 5 - the obscurity of the laws pp 17-18, 6 - the proportion between crimes and punishments pp 19-21, 7 - errors in the measuring of punishments pp 22-23, 8 - the classification of crimes pp 24-25, 9 - of honour pp 26-27, 10 - of duels pp 28-28, 11 - public peace pp 29-30, 12 - the purpose of punishment pp 31-31, 13 - of witnesses pp 32-33, 14 - evidence and forms of judgement pp 34-36, 15 - secret denunciations pp 37-38, 16 - of torture pp 39-44, 17 - of the exchequer pp 45-46, 18 - of oaths pp 47-47, altmetric attention score, full text views.

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An essay on crimes and punishments

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• Cesare Beccaria - Student Encyclopedia (Ages 11 and up)
• Table Of Contents

Cesare Beccaria (born March 15, 1738, Milan [Italy]—died November 28, 1794, Milan) was an Italian criminologist and economist whose Dei delitti e delle pene (1764; Eng. trans. J.A. Farrer, Crimes and Punishment , 1880) was a celebrated volume on the reform of criminal justice .

Beccaria was the son of a Milanese aristocrat of modest means. From an early age, he displayed the essential traits of his character. A highly volatile temperament resulted in periods of enthusiasm followed by depression and inactivity. He was reserved and somewhat taciturn in his social contacts but placed great value on his personal and family relationships. At the age of eight he was sent to the Jesuit school in Parma . Beccaria later described the education he received there as “fanatical” and stifling to “the development of human feelings.” Although he revealed a mathematical aptitude, little in his student days gave indication of the remarkable intellectual achievements that were soon to follow. In 1758 he received a degree in law from the University of Pavia.

In 1760 Beccaria’s proposed marriage to the 16-year-old Teresa Blasco encountered the obdurate opposition of his father. The following year the marriage took place without parental consent, and the young couple began their life together in poverty. The breach between father and son was ultimately repaired, and Beccaria and his wife were received into the family home. In 1762 a daughter, the first of his three children, was born.

Upon completion of his formal training Beccaria returned to Milan and was soon caught up in the intellectual ferment associated with the 18th-century European Enlightenment . He joined with Count Pietro Verri in the organization of a literary society and participated actively in its affairs. In 1762 his first writing appeared, a pamphlet on monetary reform. Later he associated himself with the periodical Il Caffè , a journal modeled on the English periodical The Spectator , and contributed several anonymous essays to its pages.

In 1763 Verri suggested that Beccaria next undertake a critical study of the criminal law . Although he had had no experience in the administration of criminal justice , Beccaria accepted the suggestion, and in 1764 his great work Dei delitti e delle pene was published. Almost immediately Beccaria, then only 26 years of age, became an international celebrity. The work enjoyed a remarkable success in France, where it was translated in 1766 and went through seven editions in six months. English, German, Polish, Spanish, and Dutch translations followed. The first American edition was published in 1777. Since then, translations in many other languages have appeared.

Beccaria’s treatise is the first succinct and systematic statement of principles governing criminal punishment . Although many of the ideas expressed were familiar, and Beccaria’s indebtedness to such writers as the French philosopher Montesquieu (which he generously acknowledged) is clear, the work nevertheless represents a major advance in criminological thought ( see criminology ). The argument of the book is founded on the utilitarian principle that governmental policy should seek the greatest good for the greatest number. He lashed out at the barbaric practices of his day: the use of torture and secret proceedings, the caprice and corruption of magistrates, brutal and degrading punishments. The objective of the penal system , he argued, should be to devise penalties only severe enough to achieve the proper purposes of security and order; anything in excess is tyranny . The effectiveness of criminal justice depends largely on the certainty of punishment rather than on its severity. Penalties should be scaled to the importance of the offense. Beccaria was the first modern writer to advocate the complete abolition of capital punishment and may therefore be regarded as a founder of the abolition movements that have persisted in most civilized nations since his day.

Beccaria’s treatise exerted significant influence on criminal-law reform throughout western Europe. In England, the utilitarian philosopher and reformer Jeremy Bentham advocated Beccaria’s principles, and the Benthamite disciple Samuel Romilly devoted his parliamentary career to reducing the scope of the death penalty. Legislative reforms in Russia, Sweden, and the Habsburg Empire were influenced by the treatise. The legislation of several American states reflected Beccaria’s thought.

Although nothing Beccaria achieved in later life approaches the importance of the treatise, his subsequent career was fruitful and constructive. In 1768 he accepted the chair in public economy and commerce at the Palatine School in Milan, where he lectured for two years. His reputation as a pioneer in economic analysis is based primarily on these lectures, published posthumously in 1804 under the title Elementi di economia pubblica (“Elements of Public Economy”). He apparently anticipated some of the ideas of Adam Smith and Thomas Malthus , such as the concept of division of labour and the relations between food supply and population.

(Read Thomas Malthus’s 1824 Britannica essay on population.)

In 1771 he was appointed to the Supreme Economic Council of Milan and remained a public official for the remainder of his life. In his public role Beccaria became concerned with a large variety of measures, including monetary reform, labour relations , and public education . A report written by Beccaria influenced the subsequent adoption of the metric system in France.

Beccaria’s later years were beset by family difficulties and problems of health. He apparently did not relish the role of celebrity. In 1766 he went to Paris, where he was warmly greeted by distinguished figures of the day, but cut short his visit because of acute homesickness. His wife died in 1774 after a period of declining health. Three months later he remarried. Property disputes initiated by his two brothers and sister resulted in litigation that distracted him for many years. Beccaria’s last months were saddened by events in France: although he had initially welcomed the French Revolution enthusiastically, he was shocked by the excesses of the Reign of Terror .

Beccaria’s rationality, versatility, and insistence on the unity of knowledge were typical of the intellectual life of his time. His treatise, the most important volume ever written on criminal justice, is still profitably consulted more than two centuries after its first appearance.