Cesare, Marquis of Beccaria-Bonesana (March 12, 1738 – November 28, 1794) was an Italian philosopher and politician best known for his treatise On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a founding work in the field of penology.
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In 1764 Beccaria published a brief but justly celebrated treatise Dei delitti e delle pene ("On Crimes and Punishments"), which marked the high point of the Milan Enlightenment. In it, Beccaria put forth the first arguments ever made against the death penalty. His treatise was also the first full work of penology, advocating reform of the criminal law system. The book was the first full-scale work to tackle criminal reform and to suggest that criminal justice should conform to rational principles. It is a less theoretical work than the writings of Hugo Grotius, Samuel von Pufendorf and other comparable thinkers, and as much a work of advocacy as of theory. In this essay, Beccaria reflected the convictions of the Il Pavone group, who sought to cause reform through Enlightenment discourse. The book's serious message is put across in a clear and animated style, based in particular upon a deep sense of humanity and of urgency at unjust suffering. This humane sentiment is what makes Beccaria appeal for rationality in the laws. Beccaria also argued against torture, believing it was cruel and unnecessary to treat another human that way.
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Within eighteen months, the book passed through six editions. It was translated into French by Olympe de Gouges in 1766 and published with an anonymous commentary by Voltaire.
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The book was read by all the luminaries of the day, including, in the United States, by John Adams and Thomas Jefferson.
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http://en.wikipedia.org/wiki/Cesare,_Marquis_of_BeccariaAn excerpt on torture:
No man can be judged a criminal until he be found guilty; nor can society
take from him the public protection until it have been proved that he has
violated the conditions on which it was granted. What right, then, but that
of power, can authorise the punishment of a citizen so long as there remains
any doubt of his guilt? This dilemma is frequent. Either he is guilty, or
not guilty. If guilty, he should only suffer the punishment ordained by the
laws, and torture becomes useless, as his confession is unnecessary, if he
be not guilty, you torture the innocent; for, in the eye of the law, every
man is innocent whose crime has not been proved. Besides, it is confounding
all relations to expect that a man should be both the accuser and accused;
and that pain should be the test of truth, as if truth resided in the
muscles and fibres of a wretch in torture. By this method the robust will
escape, and the feeble be condemned. These are the inconveniences of this
pretended test of truth, worthy only of a cannibal, and which the Romans, in
many respects barbarous, and whose savage virtue has been too much admired,
reserved for the slaves alone.
What is the political intention of punishments? To terrify and be an example
to others. Is this intention answered by thus privately torturing the guilty
and the innocent? It is doubtless of importance that no crime should remain
unpunished; but it is useless to make a public example of the author of a
crime hid in darkness. A crime already committed, and for which there can be
no remedy, can only be punished by a political society with an intention
that no hopes of impunity should induce others to commit the same. If it be
true, that the number of those who from fear or virtue respect the laws is
greater than of those by whom they are violated, the risk of torturing an
innocent person is greater, as there is a greater probability that, cæteris
paribus, an individual hath observed, than that he hath infringed the laws.
There is another ridiculous motive for torture, namely, to purge a man from
infamy. Ought such an abuse to be tolerated in the eighteenth century? Can
pain, which is a sensation, have any connection with a moral sentiment, a
matter of opinion? Perhaps the rack may be considered as the refiner's
furnace.
http://www.constitution.org/cb/crim_pun16.txtThere is much more to read. I have to admit I have not read the entire book.
Have we become more barbaric, less civilized since our Revolution?