Cesare Beccaria’s On Crimes and Punishments: the meaning and genesis of a jurispolitical pamphlet

The core of the criminal reform proposed in Cesare Beccaria 's 1764 Dei delitti e delle pene (about crime and punishment) is the principle of criminal simplification resulting from the correct interpretation of social contracts. Punishment, as long as there is no essential virtue, needs to be prevented as much as possible, not only necessary evil; its application strictly obeys the principle of legality. Therefore, the criminal philosophy of Beccaria is trying to greatly reduce the power of the penal institution. After explaining its main aspects, this paper seeks to present a new interpretation of Bekkalia's theory from the perspective of its historical background. The philosophers of the Italian Illuminati are not resentful of the cruelty of Milan's penalties system, but rather expressed a riot that impels political control of aristocracy whose power has been confirmed by its judicial function did. In this regard, Beccaria is trying to fight the political hegemony of law scholars and to complete the thesis by eliminating legal thought and thus excluding the intellectual foundation of criminal law practice.

Cesare Beccaria (1738-1794) is the founder of "ideological classics" in criminal science. In fact, he may be the originator of criminal study itself. His booklet "Paper of criminal and punishment" was one of the first works to clarify the cause of the crime. (Jones 3) Rational choice theory is deeply influenced by the classical school of Beccaria. According to theory criminals will compare and consider the benefits and consequences of the offense they are trying to commit. If professional players have more than strengths and weaknesses, perpetrators will commit crimes. Conversely, if a criminal is afraid to punish more than he desires, he will not commit sin. (Siegel 72-73)

Rational choice theory is based on the utilitarianism of Cesare Beccaria, a classical school philosophy promoted by Jeremy Bentham. They believe that if they can make a firm decision, they will be deterrents of crime in proportion to crime, and that risk is likely to exceed the interests of perpetrators. In Dei delitti e delle pene (On Crimes and Punishments, 1763-1764), Beccaria advocates rational writing tests. Beccaria considers punishment a necessary application of the criminal law, so the judge just adjusts his judgment to the law. Beccaria also insists against distinguishing between crime and sin, against the death penalty and torture and inhuman treatment.

Cesare Beccaria started writing a brief article on crime and punishment in 1764. Bccaria opposed the death penalty for two current classical reasons: First, it was an insult to human dignity and conscience stain. Any society that supports it; second, it is a real failure that it is more likely to promote crime than to oppress it. Beccaria did not emphasize the third common claim, but modern contemporary attempts such as Jeremy Bentham soon introduced this: if the victim was found to be innocent. The only death that can not be reversed is death.