Examples Of Opposition To Punishment By Cesare Beccaria
Central Texas College
Student
An Opposition to Punishment by Death
CJ1322 – Intro to Criminal Justice
Instructor
July 16, 2013
An Opposition to Punishment by Death
Cesare Beccaria was a known classical theorist, who based that theory on the fact that all men possess and utilize three main characteristics – freewill, rational manner, and manipulability. To start, he argued that a freewill is present in every individual and very much used to make decisions. Second, rational manner, states that each man will look out for their own personal satisfaction, creating the key factor between law and crime. The last characteristic, manipulability, makes human action both predictable and controllable. That being said, Becarria strongly believed that there was an absolute need for a criminal justice system, including both laws and punishments.
Cesare Beccaria is said to be one of the most influential contributors to U.S. Law. Shortly after receiving a law degree at the Roman Catholic education-based College of Parma in 1758 Beccaria moved on to join a literary society The Academy of Fists. …show more content…
The Academy of Fists consisted of a young group of men who illustrated a journal that not only brought the Enlightenment Period to light, but encouraged a large cultural movement in northern Italy.
Beccaria 's involvement in the Academy assured him assistance in the publication of his famous book On Criminals and Punishment. (New World Encyclopedia contributors, 2013) Originally published in Italian in 1764, Beccaria goes into depth explaining his theories, standings and beliefs concerning forty-seven different utilized punishment methods. From the Origin of Punishments to Pardons, Beccaria dissects each topic with unique
specificity.
Specifically drawing attention to Beccaria 's views on the Death Penalty, his were unlike many others ' in the day in age that the book was published. Beccaria argues, “What right, I ask, have men to cut the throats of their fellow-creatures? Certainly not that on which the sovereignty and laws are founded.” (Of Crimes and Punishments, Cesare Beccaria, 1764, Ch. 28 Para. 1) He believed that a man will negotiate away only the minimal number of rights necessary to bring about peace. Thus, people hold onto their right to life, and do not hand this over to the public good.
Although Cesare Beccaria was strongly opposed to punishment by death, he stated that there be only one circumstance where the capital punishment be deemed necessary. That belief is the understanding that one particular man threatens the security of a nation. He argued that even though a man 's liberty still be stripped in this case, if anarchy is at risk due to the power and connections of one man, that death by another be considered.
Cesare Beccaria remains a highly influential criminologist whose theories not only played a major role in the structure of The United States Bill of Rights, they are still being utilized to forever structure others ' thoughts and beliefs within the criminology field. His work rarely goes without mention in any single criminal justice course.
References
1. Cesare Beccaria. (2013, July 5). In New World Encyclopedia. Retrieved from http://www.newworldencyclopedia.org/p/index.php?title=Cesare_Beccaria&oldid=971087.
2. Of the Punishment of Death. (1758). In Of Crimes and Punishments. Retrieved from http://www.constitution.org/cb/crim_pun28.htm
Student
An Opposition to Punishment by Death
CJ1322 – Intro to Criminal Justice
Instructor
July 16, 2013
An Opposition to Punishment by Death
Cesare Beccaria was a known classical theorist, who based that theory on the fact that all men possess and utilize three main characteristics – freewill, rational manner, and manipulability. To start, he argued that a freewill is present in every individual and very much used to make decisions. Second, rational manner, states that each man will look out for their own personal satisfaction, creating the key factor between law and crime. The last characteristic, manipulability, makes human action both predictable and controllable. That being said, Becarria strongly believed that there was an absolute need for a criminal justice system, including both laws and punishments.
Cesare Beccaria is said to be one of the most influential contributors to U.S. Law. Shortly after receiving a law degree at the Roman Catholic education-based College of Parma in 1758 Beccaria moved on to join a literary society The Academy of Fists. …show more content…
The Academy of Fists consisted of a young group of men who illustrated a journal that not only brought the Enlightenment Period to light, but encouraged a large cultural movement in northern Italy.
Beccaria 's involvement in the Academy assured him assistance in the publication of his famous book On Criminals and Punishment. (New World Encyclopedia contributors, 2013) Originally published in Italian in 1764, Beccaria goes into depth explaining his theories, standings and beliefs concerning forty-seven different utilized punishment methods. From the Origin of Punishments to Pardons, Beccaria dissects each topic with unique
specificity.
Specifically drawing attention to Beccaria 's views on the Death Penalty, his were unlike many others ' in the day in age that the book was published. Beccaria argues, “What right, I ask, have men to cut the throats of their fellow-creatures? Certainly not that on which the sovereignty and laws are founded.” (Of Crimes and Punishments, Cesare Beccaria, 1764, Ch. 28 Para. 1) He believed that a man will negotiate away only the minimal number of rights necessary to bring about peace. Thus, people hold onto their right to life, and do not hand this over to the public good.
Although Cesare Beccaria was strongly opposed to punishment by death, he stated that there be only one circumstance where the capital punishment be deemed necessary. That belief is the understanding that one particular man threatens the security of a nation. He argued that even though a man 's liberty still be stripped in this case, if anarchy is at risk due to the power and connections of one man, that death by another be considered.
Cesare Beccaria remains a highly influential criminologist whose theories not only played a major role in the structure of The United States Bill of Rights, they are still being utilized to forever structure others ' thoughts and beliefs within the criminology field. His work rarely goes without mention in any single criminal justice course.
References
1. Cesare Beccaria. (2013, July 5). In New World Encyclopedia. Retrieved from http://www.newworldencyclopedia.org/p/index.php?title=Cesare_Beccaria&oldid=971087.
2. Of the Punishment of Death. (1758). In Of Crimes and Punishments. Retrieved from http://www.constitution.org/cb/crim_pun28.htm