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
amongst contracts few fleeting haphazard history men offspring open passions rarely shall tools
If we open our history books, we shall see that the laws, for all that they are or should be contracts amongst free men, have rarely been anything but the tools of the passions of a few men or the offspring of a fleeting and haphazard necessity.
capital death equally exercises hard labor life moments painful perhaps perpetual power punishment reply slavery spread taking therefore unhappy
If someone were to say that life at hard labor is as painful as death and therefore equally cruel, I should reply that, taking all the unhappy moments of perpetual slavery together, it is perhaps even more painful, but these moments are spread out over a lifetime, and capital punishment exercises all its power in an instant.
depart ideas knowledge lead numerous roads
Our knowledge and all of our ideas are mutually connected; the more complicated they are, the more numerous must be the roads that lead to them and depart from them.
basic degree exact fairly instrument malice reliable scale shared tyranny universal
If there were an exact and universal scale of punishments and crimes, we would have a fairly reliable and shared instrument to measure the degree of tyranny and liberty, of the basic humanity or malice of the different nations.
bond exceed interest men nature necessary necessity original preserving return state understand
By 'justice', I understand nothing more than that bond which is necessary to keep the interest of individuals united, without which men would return to their original state of barbarity. All punishments which exceed the necessity of preserving this bond are, in their nature, unjust.
easily felt fierce lightning nation needed ought people relative severity state stop strike
The severity of punishments ought to be relative to the state of the nation itself. Stronger and more easily felt impressions have to be made on a people only just out of the savage state. A lightning strike is needed to stop a fierce lion who is provoked by a gunshot.
act determined essential given minimum order possible private punishment
In order that punishment should not be an act of violence perpetrated by one or many upon a private citizen, it is essential that it should be public, speedy, necessary, the minimum possible in the given circumstances, proportionate to the crime, and determined by the law.
diffuse effort extreme good happiness height human influence intent laws oppose power reduce tending weakness
In every human society, there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort and to diffuse their influence universally and equally.
developed education eight fanatical french owe sentiments stifled
I myself owe everything to French books. They developed in my soul the sentiments of humanity which had been stifled by eight years of fanatical and servile education.
either force interest intestine oath order private receive subjects sworn
The laws receive their force and authority from an oath of fidelity, either tacit or expressed, which living subjects have sworn to their sovereign, in order to restrain the intestine fermentation of the private interest of individuals.
authority determine represents reside social society united
The laws only can determine the punishment of crimes, and the authority of making penal laws can only reside with the legislator, who represents the whole society united by the social compact.
architect interest interests ought product raises skilled
The lawgiver ought to be gentle, lenient and humane. The lawgiver ought to be a skilled architect who raises his building on the foundation of self-love, and the interest of all ought to be the product of the interests of each.