Cesare Beccaria
Cesare Beccaria
Cesare Bonesana-Beccaria, Marquis of Gualdrasco and Villareggiowas an Italian criminologist, jurist, philosopher, and politician, who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment. Recognized to be one of the fathers of classical criminal theory and modern penology, he is well remembered for his treatise On Crimes and Punishments, which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical School...
NationalityItalian
ProfessionJudge
Date of Birth15 March 1738
CountryItaly
await considered earn great hymns immortal laws prosperity sign spread throughout
Easy, simple and great laws, which await nothing but a sign from the lawgiver to spread prosperity and vigour throughout the nation, laws which would earn him immortal hymns of gratitude down the generations, are those which are least considered or least wanted.
code determine laws left literal observed whether written
When the code of laws is once fixed, it should be observed in the literal sense, and nothing more is left to the judge than to determine whether an action is or is not conformable to the written law.
extremity few good human laws nations produce prudent slow succession till transition waited
Happy are those few nations that have not waited till the slow succession of human vicissitudes should, from the extremity of evil, produce a transition to good; but by prudent laws have facilitated the progress from one to the other!
advantage committing crimes deterrent face greater injure men prescribed punishment society stronger
If the same punishment is prescribed for two crimes that injure society in different degrees, then men will face no stronger deterrent from committing the greater crime if they find it in their advantage to do so.
dangerous following gives maxim popular spirit torrent
Nothing could be more dangerous than following the popular maxim whereby it is the spirit of the law that must be consulted. This is an embankment that, once broken, gives way to a torrent of opinions.
born conspiracy effect envy harm intrigue jealousy jesuits prejudiced vulgar
Philosophers see no harm in the Jesuits other than in their effect on humanity and the sciences. The vulgar and especially the prejudiced only hate them from an envy and jealousy born out of conspiracy and intrigue at an organisation which overshadows them.
cruel desire fear greater injured interest lead men prefer subjected
Men's most superficial feelings lead them to prefer cruel laws. Nevertheless, when they are subjected to them themselves, it is in each man's interest that they be moderate, because the fear of being injured is greater than the desire to injure.
acts crimes encourages force illusion impunity inevitable men pardoned products punishment rather sentences since violent
To show men that crimes can be pardoned, and that punishment is not their inevitable consequence, encourages the illusion of impunity and induces the belief that, since there are pardons, those sentences which are not pardoned are violent acts of force rather than the products of justice.
constant diminish extent gentle human maintain object relation severity social spirits
To the extent that human spirits are made gentle by the social state, sensibility increases; as it increases, the severity of punishment must diminish if one wishes to maintain a constant relation between object and feeling.
action compliance construct criminal general judge major minor perfect premise question whether
For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.
appears binding centre freely good himself man others portion prefer public sake sees
No man ever freely surrendered a portion of his own liberty for the sake of the public good; such a chimera appears only in fiction. If it were possible, we would each prefer that the pacts binding others did not bind us; every man sees himself as the centre of all the world's affairs.
citizen conditions criminal found judged man nor power protection proved public punishment remains society until violated
No man can be judged a criminal until he is found guilty; nor can society take from him the public protection until it has been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorize the punishment of a citizen so long as there remains any doubt of his guilt?
abide classes considered distinct men obstinate principles society three urge vice
It will always be considered a praiseworthy undertaking to urge the most obstinate and incredulous to abide by the principles that impel men to live in society. There are, therefore, three distinct classes of vice and virtue: the religious, the natural, and the political. These three classes should never be in contradiction with one another.
establish goodness harmful injustice intrinsic life limits observer political public regarding relationships society task useful wickedness
It is the task of theologians to establish the limits of justice and injustice regarding the intrinsic goodness or wickedness of an act; it is the task of the observer of public life to establish the relationships of political justice and injustice, that is, of what is useful or harmful to society.