On Crime and Punishments

On Crimes and Punishment

Cesare Beccaria

Cesare Becaria is symbolically seen as the founder of the enlightenment thinking, a period defined as "philosophical, intellectual and cultural movement of the 17th and 18th century". This famous essay, "On Crimes and Punishment" is based on two key philosophical theories: social contract and utility, justifying legal punishment and its limits. Beccaria wanted to see the reform of the irrationality and unfairness of the judicial system that had existed for centuries and many of his ideas has formed the basis of modern criminology.

The writer starts his essay by describing the need of legislation improvement and the lack of studies on "cruelty of punishments and irregularities of criminal procedures", as well as criticizing the use of power that "produced a long and authorized example of the most cold-bladed barbarity" and the magistrates that let themselves influenced by others opinions. He noted:

"[...] very few persons have studied and fought against the cruelty of punishment and the irregularity of criminal procedures, a part of legislation that is as fundamental as it is widely neglected in almost all of Europe."

Based on social contract philosophy, Beccaria argues that the natural condition of men is a continual state of war, and to escape from it, people sacrifice part of their liberty "so they might enjoy the rest of it in pace and safety". In order to preserve the safety of society, punishment is necessary:

"It was, thus, necessity that forced men to give up a part of their personal liberty and it is certain, therefore, that each is willing to place in the public found only the least possible portion, no more to induce others to defend it. The aggregate of these least possible portions constitutes the right of punishing".

Law is defined as the necessary condition of the social contract, and punishment under law should have no other purpose than to defend the sum of these sacrificed shares of liberty "against private usurpations by individual". Punishments for any other reasons are unnecessary and unjust as Beccaria says:

"Punishments that exceed what is necessary for protection of the deposit of public security are by nature unjust, and punishments are increasingly more just as the safety which the sovereign secures for his subjects is the more sacred and inviolable, and the liberty greater."

Supported by the principles of the right to punish, Cesare Beccaria states that "only the law can pronounce the punishment for crimes" and "the sovereign cannot judge" if someone has broken the social contract, "therefore a magistrate is needed" to take decisions based on "affirmations or denials of particular facts" and laws are not to be interpreted by