In this edition of Beccaria's On Crimes and Punishments and other writings, Richard Bellamy draws on recent Italian scholarship to show how Beccaria wove together the various political languages of the Enlightenment into a political philosophy that combines republican, contractarian, romantic and liberal as well as utilitarian themes. This edition also includes a number of pieces from Beccaria's writings on political economy and the history of civilization that were not previously available in English.
Cesare Beccaria was an Italian criminologist, jurist, philosopher, economist, and politician who emerged as one of the most important figures of the Enlightenment. He is best remembered for his groundbreaking 1764 treatise On Crimes and Punishments, a seminal work that condemned torture and the death penalty and advocated for criminal justice reform based on reason, proportionality, and deterrence. Beccaria’s ideas helped lay the foundation for modern criminal law and earned him recognition as the father of both criminal law and criminal justice. Born in Milan in 1738, Beccaria was educated at the Jesuit school in Parma and later studied law at the University of Pavia. Although initially drawn to mathematics, his interest shifted to economics and legal reform under the influence of Enlightenment thinkers such as Montesquieu and Helvétius. He became closely associated with the Verri brothers, founders of the Milanese intellectual society “L’Accademia dei pugni” (Academy of Fists), whose discussions inspired Beccaria’s interest in reforming the criminal justice system. Encouraged by Pietro Verri, Beccaria published On Crimes and Punishments anonymously, fearing political backlash. The essay quickly gained international attention and was translated into several languages. In it, Beccaria argued that laws exist to maintain the social contract and that punishments should be proportionate to the crime, serve a preventive function, and be applied promptly. He rejected the use of torture, secret accusations, and the death penalty, insisting that harsh penalties are neither effective nor morally justified. Beccaria’s work influenced major legal reforms throughout Europe and shaped the thinking of American founding fathers such as Thomas Jefferson and John Adams. Though he never produced another work of equal impact, his ideas have endured for centuries, influencing contemporary criminal policy and continuing to inspire debates on justice, deterrence, and human rights.
Beccaria tillhör de Italienska upplysningstänkarna, och är skarp nog att ha citerats i både texter om Schmitt och om Dworkin; alltså förutsatte jag att hans huvudbok skulle vara läsvärd. Det var den.
Grundtesen, att samhället är en effekt av rädsla, är identisk med Hobbes. Skillnaden är att Beccaria vänder den till ett försvar för den begränsade staten och människans värdighet som juridisk grund, utan att för den skull åberopa något slags socialt kontrakt. Han kan till och med utifrån ren avskräckelseteori argumentera kring lämplig vedergällning. Jag är imponerad, sedan är jag inte jurist, så jag vet inte hur mycket min beundran är väckt från okunnighet, contra författarens briljans.
A classic tome on crime and punishments. Beccaria presents a masterful philosophy on how society should set up a justice system of fair laws and punishments. It is clear the effect these writings had on our own Founding Father's views towards establishing a criminal justice system in the U.S., especially as they were dealing with a capricious system in England. This book is a cornerstone reading for those seeking to establish a firm understanding of what makes a fair and just system of laws. Centuries later humans are still wrestling with crafting and enforcing a system of laws and punishments that are fairly enforced across societies.
On Crimes and Punishments by Cesare Beccaria On Crimes and Punishments is a groundbreaking work that laid the foundation for modern criminal law and justice. Written in 1764 by Cesare Beccaria, the book challenges the harsh and arbitrary practices of the criminal justice system in the 18th century and advocates for rational, fair, and humane punishment.
Beccaria argues for the abolition of torture and the death penalty, emphasizing that punishments should be proportionate to the crimes committed. His ideas about deterrence and the social contract helped shape Enlightenment thinking and influenced legal reforms worldwide.
What makes this book powerful is its clear and concise style, making complex legal and moral issues accessible to a broad audience. Beccaria stresses that laws should be clear, public, and designed to prevent crime rather than simply punish offenders.
While some ideas reflect the context of the 18th century and might seem outdated, the core principles of justice, proportionality, and respect for human rights remain relevant today. The book is essential reading for anyone interested in law, ethics, or the philosophy of punishment.
Overall, On Crimes and Punishments remains a timeless call for justice and reason, urging societies to build legal systems that respect individual dignity while maintaining order and security.
Read for class: This was an interesting read but I was reading it at like 1am and it was really difficult to understand. If I read it in normal juman hours to be awake it would’ve probably been more fun. It’s just regular social contact to the government, what crimes are actually legal type things.
I did think it was really interesting that he argues the death penalty is illegal because no one in a social contract would willingly consent to giving up their whole body/autonomy (letting the gov kill them). Would say give it a read if you have time and are interested!
"Every punishment which does not arise from absolute necessity is tyrannical." - Montesquieu
Published in 1764, On Crimes and Punishments is a foundational text in the field of penology and focuses on the humanity of punishments in relation to their crimes. According to Beccaria, punishments should be: proportional to the crime in terms of both severity and impact, objective (by law), mild as possible, and public and direct. Furthermore, torture and capital punishment should be abolished. By achieving each of the above, the punishments would be humane and continue to protect the safety of the community without threatening everyone.
Overall, the text was a very interesting read to understand the foundations of modern criminal justice. Despite the fact that the text was made centuries ago, the effects of the ideas put forth by Beccaria are incorporated in multiple countries and influenced multiple foundational people in the formation of the United States. By understanding the perspective of Beccaria, the essential thoughts of criminal law and justice in modern day are highlighted and provides good food for thought when comparing with the contemporary beliefs of the period.
The first critical analysis of capital punishment that demanded its abolition. Beccaria also argued against torture, believing it was cruel and unnecessary.
It was translated into French in 1766 and published with an anonymous commentary by Voltaire. An English translation appeared in 1767, and it was translated into several other languages. The book was read by all the luminaries of the day, including, in the United States, by John Adams and Thomas Jefferson.
The book's principles influenced thinking on criminal justice and punishment of offenders, leading to reforms in Europe, especially in France and at the court of Catherine II of Russia. In England, Beccaria's ideas fed into the writings on punishment of Sir William Blackstone (selectively), and more wholeheartedly those of William Eden and Jeremy Bentham. The reforms he had advocated led to the abolition of the death penalty in the Grand Duchy of Tuscany, the first state in the world to take this measure.
note - could not find the version on here. Read Beccaria's "On Crimes and Punishments" translated from the original Italian version. There are no "Other Writings" in this edition.