Cesare Beccaria

Paper Summary:

The paper discusses Cesare Beccaria's argument against any justification of capital punishment from the perspectives of utilitarianism and contractarianism. The paper looks at Beccaria's thesis that all punishment must be swift and serve the greatest amount of good for the greatest number of people. The paper also explains Beccaria's ideas on the principle of proportionality and capital punishment's deterrence value.

From the Paper:

"Beccaria's utilitarian theory prescribes that crimes must be prevented in an economical way that results in the greatest reduction of pain and the greatest maximization of happiness for the greatest number of people. Based on this theory, punishments should be proportionate to the crime, and use the least amount of pain necessary to deter potential offenders. The problem with this theory is that a punishment inflicted upon an innocent person will be just as effective on the people as would a punishment inflicted upon a guilty person. Thus there is a need for the "retributive argument and the contractarian concern with individual rights" (Bellamy, 1997, p. 24)."

Sample of Sources Used:

• Beccaria, Cesare. (1764). Translated by David Young. On Crimes and Punishments. Hacket Publishing, June 1986.
• Bellamy, Richard. (1997). Crime and Punishment: Views of 17th Century Italian Philosopher, Cesare Beccaria on Legal Punishment. History Review, 92, 24-26.
• Crime Theory. (2000). http://www.crimetheory.com/Theories/Classical.htm
• Gwyn, W.B. (1965). The Meaning of the Separation of Powers. Nijhoff: The Hague.
• Holahan, W.L. (1998). Getting Tough on Crime: Exercises in Unusual Indifference Curves. The Journal of Economic Education, Winter, 1998, 12.

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