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
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.
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.
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.
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.
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.
alike artificial comparison derived govern happiness lead life main men moral mortal natural political principles regard society three towards
The moral and political principles that govern men are derived from three sources: revelation, natural law, and the artificial conventions of society. With regard to its main purpose, there is no comparison between the first and the others; but all three are alike in that they all lead towards happiness in this mortal life.
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.