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An Essay on Crimes and Punishments

An Essay on Crimes and Punishments

Autor:   Beccaria, Cesare Bonesana di

Nakladatelství: Thomas C. Breuer
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Původní cena:   88 Kč
Vaše cena:   80 Kč

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In 1764, Cesare Beccaria published his essay titled ""Dei delitti e delle pene,"" meaning ""Of Crimes and Punishment."" In this essay, originally published in Italian, Beccaria states his views regarding the legal system. He believes human societies continually try to heighten happiness and power while at the same time reducing misery and weakness. Good laws are intended support this concept. These laws have been, for the most part, regulated by a small group of authorities rather than the average citizen. However, it is not until something threatens their lives and liberties that the authorities will supply the remedy to what is oppressing them. Beccaria used his essay to show the flaws of the traditional legal system. He argued ""it is better to prevent crimes than to punish them"" (Beccaria, p. xii). He points out that the goal of legislation is allowing men the maximal happiness and minimal misery. Laws, not punishments, should be feared. The fear of punishment by man is essentially a source of crime. Beccaria was also strongly against capital punishment. He questioned the justice behind the death penalty, and he thought it was barbaric. He argued that the nature of the evidence presented should determine whether imprisonment is a reasonable punishment. Therefore, the laws, rather than the judge, should decide upon the verdict. He also describes the proportion between crimes and punishments. Beccaria explains that the punishment should befit the crime. He also writes ""crimes are more effectually prevented by the certainty than the severity of punishment,"" meaning that the assurance of a punishment is more effective than a severe punishment. (Beccaria, p. xii). In 1804, nearly ten years following his death, another of Beccaria's essays was published. ""A Discourse on Public Economy and Commerce,"" is an essay on the bias of human nature and the process in which people turn their profits into useful purposes. He writes that nothing is of greater value than supporting science by the public authority in the interests of the nation. He further explains that citizens are vital to the spread of knowledge. During the height of the enlightenment, Casare Beccaria introduced ethical along with intellectual values to criminal law and the penal system. His ideas were extremely influential and spread throughout the world. His principles toward criminal law became the backbone to the United States judicial system as well as the judicial reform movement in England. Beccaria’s theory of pleasing the largest percent of people in a population proved to be successful when this principle was used in the United States’ constitution and bill of rights. Prisons began to enforce the theory that punishment should being geared towards stopping the offender from committing a crime again (Powell, 100). Prisons began banning the death penalty or using more humane execution tactics. Before Beccaria’s theories were publicized, prisons used the death penalty as a common punishment. These new punishments abided to his theory of swift and certainty as opposed to cruel and sever punishments. Beccaria also studied theories that included economics. Although his ideas on economics did not prove to be influential, they were interesting because of their depth and similarity to other theories at this time. His work with criminal law and the penal system were by far his most significant works.

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