Cesare, Marquis of Beccaria
Encyclopedia
Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28, 1794) was an Italian
jurist
, 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
.
on March 15, 1738 and educated in the Jesuit
college at Parma
. Then he graduated in Law
from the University of Pavia
in 1758. At first, he showed a great aptitude for mathematics
, but the study of Montesquieu
redirected his attention towards economics
. His first publication
, in 1762, was a tract on the disorder of the currency in the Milanese states
, with a proposal for its remedy. During this time Beccaria, with the brothers Alessandro and Pietro Verri
and a number of other young men from the Milan aristocracy formed a literary society, which was named "L'Accademia dei pugni" (the Academy of Fists), a playful name that made fun of the stuffy academies that proliferated in Italy.
Il Caffè ("The Coffeehouse"), which ran from the summer of 1764 for about two years, and was inspired by Addison
and Steele's
literary magazine, The Spectator
and other such journals. Il Caffè represented an entirely new cultural moment in northern Italy. With their Enlightenment
rhetoric and their balance between topics of socio-political and literary interest, the anonymous contributors held the interest of the educated classes in Italy
, introducing recent thought such as that of Voltaire and Diderot.
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 some of the first modern arguments 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 Caffè group, who sought to cause reform through Enlightenment discourse.
Regarding the "Proportion between Crimes and Punishment", Beccaria stated that: "Crimes of every kind should be less frequent, in proportion to the evil they produce to society." He further elaborated: "If an equal punishment be ordained for two crimes that injure society in different degrees, there is nothing to deter men from committing the greater as often as it is attended with greater advantage." Beccaria also argued against torture, believing it was cruel and unnecessary to treat another human that way.
by Olympe de Gouges
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
. The judiciary reform advocated by Beccaria also led to the abolition of death punishment in the Grand Duchy of Tuscany
, the first state taking this measure in the whole world.
Thomas Jefferson in his "Commonplace Book," copied a passage from Beccaria related to the issue of gun control
. The quote reads, "Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
, an understanding of the state as a form of contract, and, above all, the principle of utility, or of the greatest happiness for the greatest number. Beccaria had elaborated this original principle in conjunction with Pietro Verri, and greatly influenced Jeremy Bentham
to develop it into the full-scale doctrine of Utilitarianism
.
He openly condemned the death penalty on two grounds:
Beccaria developed in his treatise a number of innovative and influential principles:
He also argued against gun control laws. He was among the first to advocate the beneficial influence of education in lessening crime.
With the Verri brothers, Beccaria traveled to Paris, where he was given a very warm reception by the philosophes. He later retreated, returning to his young wife Teresa and never venturing abroad again. The break with the Verri brothers proved lasting; they were never able to understand why Beccaria had left his position at the peak of success.
Many reforms in the penal codes of the principal European nations can be traced to Beccaria's treatise, although few contemporaries were convinced by Beccaria's argument against the death penalty. When the Grand Duchy of Tuscany
abolished the death penalty, as the first nation in the world to do so, it followed Beccaria's argument about the lack of utility of capital punishment, not about the state's lacking the right to execute citizens.
In November 1768, Beccaria was appointed to the chair of law
and economy
founded expressly for him at the Palatine college of Milan. His lectures on political economy, which are based on strict utilitarian
principles, are in marked accordance with the theories of the English school of economists. They are published in the collection of Italian writers on political economy (Scrittori Classici Italiani di Economia politica, vols. xi. and xii.). Beccaria never succeeded in producing a work to match Dei Delitti e Delle Pene, although he made various incomplete attempts in the course of his life. A short treatise on literary style was all he saw to press.
In 1771, Beccaria was made a member of the supreme economic council, and in 1791 he was appointed to the board for the reform of the judicial code, where he made a valuable contribution. He died in Florence.
His daughter Giulia was the mother of Alessandro Manzoni
, the noted Italian novelist and poet who wrote among other things: I Promessi Sposi, one of the first Italian historical novels and "Il 5 Maggio", a poem on Napoleon's death.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, philosopher and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
best known for his treatise On Crimes and Punishments (1764), which condemned torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and the death penalty, and was a founding work in the field of penology
Penology
Penology is a section of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offenses.The Oxford English Dictionary defines...
.
Birth and education
Beccaria was born in MilanMilan
Milan is the second-largest city in Italy and the capital city of the region of Lombardy and of the province of Milan. The city proper has a population of about 1.3 million, while its urban area, roughly coinciding with its administrative province and the bordering Province of Monza and Brianza ,...
on March 15, 1738 and educated in the Jesuit
Society of Jesus
The Society of Jesus is a Catholic male religious order that follows the teachings of the Catholic Church. The members are called Jesuits, and are also known colloquially as "God's Army" and as "The Company," these being references to founder Ignatius of Loyola's military background and a...
college at Parma
Parma
Parma is a city in the Italian region of Emilia-Romagna famous for its ham, its cheese, its architecture and the fine countryside around it. This is the home of the University of Parma, one of the oldest universities in the world....
. Then he graduated in Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
from the University of Pavia
University of Pavia
The University of Pavia is a university located in Pavia, Lombardy, Italy. It was founded in 1361 and is organized in 9 Faculties.-History:...
in 1758. At first, he showed a great aptitude for mathematics
Mathematics
Mathematics is the study of quantity, space, structure, and change. Mathematicians seek out patterns and formulate new conjectures. Mathematicians resolve the truth or falsity of conjectures by mathematical proofs, which are arguments sufficient to convince other mathematicians of their validity...
, but the study of Montesquieu
Charles de Secondat, baron de Montesquieu
Charles-Louis de Secondat, baron de La Brède et de Montesquieu , generally referred to as simply Montesquieu, was a French social commentator and political thinker who lived during the Enlightenment...
redirected his attention towards economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
. His first publication
Publication
To publish is to make content available to the public. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content on any medium, including paper or electronic publishing forms such as websites, e-books, Compact Discs and MP3s...
, in 1762, was a tract on the disorder of the currency in the Milanese states
Duchy of Milan
The Duchy of Milan , was created on the 1st of may 1395, when Gian Galeazzo Visconti, Lord of Milan, purchased a diploma for 100,000 Florins from King Wenceslaus. It was this diploma that installed, Gian Galeazzo as Duke of Milan and Count of Pavia...
, with a proposal for its remedy. During this time Beccaria, with the brothers Alessandro and Pietro Verri
Pietro Verri
Pietro Verri was an Italian philosopher, economist, historian and writer.-Biography:Born in Milan, then under Austrian rule, to a conservative noble family, he received a strongly religious education, from which he began to rebel when he reached his twenties...
and a number of other young men from the Milan aristocracy formed a literary society, which was named "L'Accademia dei pugni" (the Academy of Fists), a playful name that made fun of the stuffy academies that proliferated in Italy.
On Crimes and Punishment
The Verri brothers and Beccaria started an important cultural reformist movement centered around their journalLiterary magazine
A literary magazine is a periodical devoted to literature in a broad sense. Literary magazines usually publish short stories, poetry and essays along with literary criticism, book reviews, biographical profiles of authors, interviews and letters...
Il Caffè ("The Coffeehouse"), which ran from the summer of 1764 for about two years, and was inspired by Addison
Joseph Addison
Joseph Addison was an English essayist, poet, playwright and politician. He was a man of letters, eldest son of Lancelot Addison...
and Steele's
Richard Steele
Sir Richard Steele was an Irish writer and politician, remembered as co-founder, with his friend Joseph Addison, of the magazine The Spectator....
literary magazine, The Spectator
The Spectator (1711)
The Spectator was a daily publication of 1711–12, founded by Joseph Addison and Richard Steele in England after they met at Charterhouse School. Eustace Budgell, a cousin of Addison's, also contributed to the publication. Each 'paper', or 'number', was approximately 2,500 words long, and the...
and other such journals. Il Caffè represented an entirely new cultural moment in northern Italy. With their Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
rhetoric and their balance between topics of socio-political and literary interest, the anonymous contributors held the interest of the educated classes in Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, introducing recent thought such as that of Voltaire and Diderot.
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
. In it, Beccaria put forth some of the first modern arguments against the death penalty. His treatise was also the first full work of penology
Penology
Penology is a section of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offenses.The Oxford English Dictionary defines...
, 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
Hugo Grotius
Hugo Grotius , also known as Huig de Groot, Hugo Grocio or Hugo de Groot, was a jurist in the Dutch Republic. With Francisco de Vitoria and Alberico Gentili he laid the foundations for international law, based on natural law...
, Samuel von Pufendorf
Samuel von Pufendorf
Baron Samuel von Pufendorf was a German jurist, political philosopher, economist, statesman, and historian. His name was just Samuel Pufendorf until he was ennobled in 1684; he was made a Freiherr a few months before his death in 1694...
and other comparable thinkers, and as much a work of advocacy as of theory. In this essay, Beccaria reflected the convictions of the Il Caffè group, who sought to cause reform through Enlightenment discourse.
Principles
Beccaria cited Montesquieu, who stated that "every punishment which does not arise from absolute necessity is tyrannical."Regarding the "Proportion between Crimes and Punishment", Beccaria stated that: "Crimes of every kind should be less frequent, in proportion to the evil they produce to society." He further elaborated: "If an equal punishment be ordained for two crimes that injure society in different degrees, there is nothing to deter men from committing the greater as often as it is attended with greater advantage." Beccaria also argued against torture, believing it was cruel and unnecessary to treat another human that way.
Style
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.Influence
Within eighteen months, the book passed through six editions. It was translated into FrenchFrench language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
by Olympe de Gouges
Olympe de Gouges
Olympe de Gouges , born Marie Gouze, was a French playwright and political activist whose feminist and abolitionist writings reached a large audience....
in 1766 and published with an anonymous commentary by Voltaire
Voltaire
François-Marie Arouet , better known by the pen name Voltaire , was a French Enlightenment writer, historian and philosopher famous for his wit and for his advocacy of civil liberties, including freedom of religion, free trade and separation of church and state...
. 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, by John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
and Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
.
The book's principles influenced thinking on criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
and punishment of offenders, leading to reforms in Europe, especially in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and at the court of Catherine II of Russia
Catherine II of Russia
Catherine II, also known as Catherine the Great , Empress of Russia, was born in Stettin, Pomerania, Prussia on as Sophie Friederike Auguste von Anhalt-Zerbst-Dornburg...
. The judiciary reform advocated by Beccaria also led to the abolition of death punishment in the Grand Duchy of Tuscany
Grand Duchy of Tuscany
The Grand Duchy of Tuscany was a central Italian monarchy that existed, with interruptions, from 1569 to 1859, replacing the Duchy of Florence. The grand duchy's capital was Florence...
, the first state taking this measure in the whole world.
Thomas Jefferson in his "Commonplace Book," copied a passage from Beccaria related to the issue of gun control
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
. The quote reads, "Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
Policies and later life
The principles to which Beccaria appealed were ReasonReason
Reason is a term that refers to the capacity human beings have to make sense of things, to establish and verify facts, and to change or justify practices, institutions, and beliefs. It is closely associated with such characteristically human activities as philosophy, science, language, ...
, an understanding of the state as a form of contract, and, above all, the principle of utility, or of the greatest happiness for the greatest number. Beccaria had elaborated this original principle in conjunction with Pietro Verri, and greatly influenced Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
to develop it into the full-scale doctrine of Utilitarianism
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
.
He openly condemned the death penalty on two grounds:
- first, because the state does not possess the right to take lives; and
- secondly, because capital punishment is neither a useful nor a necessary form of punishment.
Beccaria developed in his treatise a number of innovative and influential principles:
- punishment had a preventive (deterrentDeterrence (legal)Deterrence is the use of punishment as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.- Categories :Deterrence can...
), not a retributive, function; - punishment should be proportionate to the crime committed;
- the certainty of punishment, not its severity, would achieve the preventive effect;
- procedures of criminal convictions should be public; and finally,
- in order to be effective, punishment should be prompt.
He also argued against gun control laws. He was among the first to advocate the beneficial influence of education in lessening crime.
With the Verri brothers, Beccaria traveled to Paris, where he was given a very warm reception by the philosophes. He later retreated, returning to his young wife Teresa and never venturing abroad again. The break with the Verri brothers proved lasting; they were never able to understand why Beccaria had left his position at the peak of success.
Many reforms in the penal codes of the principal European nations can be traced to Beccaria's treatise, although few contemporaries were convinced by Beccaria's argument against the death penalty. When the Grand Duchy of Tuscany
Grand Duchy of Tuscany
The Grand Duchy of Tuscany was a central Italian monarchy that existed, with interruptions, from 1569 to 1859, replacing the Duchy of Florence. The grand duchy's capital was Florence...
abolished the death penalty, as the first nation in the world to do so, it followed Beccaria's argument about the lack of utility of capital punishment, not about the state's lacking the right to execute citizens.
In November 1768, Beccaria was appointed to the chair of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and economy
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
founded expressly for him at the Palatine college of Milan. His lectures on political economy, which are based on strict utilitarian
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
principles, are in marked accordance with the theories of the English school of economists. They are published in the collection of Italian writers on political economy (Scrittori Classici Italiani di Economia politica, vols. xi. and xii.). Beccaria never succeeded in producing a work to match Dei Delitti e Delle Pene, although he made various incomplete attempts in the course of his life. A short treatise on literary style was all he saw to press.
In 1771, Beccaria was made a member of the supreme economic council, and in 1791 he was appointed to the board for the reform of the judicial code, where he made a valuable contribution. He died in Florence.
His daughter Giulia was the mother of Alessandro Manzoni
Alessandro Manzoni
Alessandro Francesco Tommaso Manzoni was an Italian poet and novelist.He is famous for the novel The Betrothed , generally ranked among the masterpieces of world literature...
, the noted Italian novelist and poet who wrote among other things: I Promessi Sposi, one of the first Italian historical novels and "Il 5 Maggio", a poem on Napoleon's death.