Thursday, November 30, 2017

Paige on Cesare Beccaria



Cesare Beccaria (Paige Hill)


He was born in March of1738 in Milan, Italy to an aristocratic family.
Received his law degree from the University of Pavia.
In 1760 he proposed marriage to 16 year old Teresa Blasco, which was against his father’s wishes.
They would marry the following year, but began married life in poverty because his father was so against the union.
The philosopher was very reserved and silent, but would have violent mood swings, especially when dealing with his depression.
He would have three children, the first being born in 1962.
considered a major figure during Milan’ Enlightenment.

On Crime and punishments
Major work during his career.
A friend in 1763 suggested that he do a study into the criminal law.  He didn’t exactly have the experience, but followed the suggestion.
This work came out anonymously in 1764 for fear of retribution from the government, and once he knew it was well received he republished it under his own name.
Beccaria took an approach of reason or logic to criminal law and the justice system.
What is it
He argues for a complete reform of the criminal law.
Says that the punishment should fit the crime, attempting to get people to get rid of the ancient and barbarous punishments that were going on during his time.
The government does not have the right to take the life of a citizen.
Believes that life in prison was a much crueler punishment than death.
The severity of the punishment is not as much as a deterrent as the punishment being swift and sure.
It’s suggests a type of checks and balances of the judicial system in a way. 
What is it Continued
He claimed that punishment has a purpose—to prevent crime from happening again. This utilitarian argument is what Beccaria elaborated the most and what finally proved persuasive” (http://www.newworldencyclopedia.org/entry/Cesare_Beccaria).
It influenced criminal law reform all throughout Europe.
It had a very significant impact on the establishment of the American judicial system in general, the Bill of Rights and constitution.
Interesting links if you have time
https://www.youtube.com/watch?v=5JEhbkSDOX8 (Video explaining Beccaria’s treatise)
Wrap up
Near the end of his life he became depressed and withdrew from family and friends.
Died November 28th 1794 in his birth place Milan, Italy.
His theories still impact the judicial systems even today. For America, his major treatise has helped to abolish the death penalty in some states.

Sources
https://commons.wikimedia.org/wiki/File:Cesare_Beccaria_in_Dei_delitti_crop.jpg
https://www.biography.com/people/cesare-beccaria-39630
https://www.britannica.com/biography/Cesare-Beccaria
http://www.newworldencyclopedia.org/entry/Cesare_Beccaria
https://books.google.com/books?id=FRDtZqosmnEC&printsec=frontcover&dq=Crimes+and+punishments+by+Cesare+Beccaria&hl=en&sa=X&ved=0ahUKEwj9s7nBrebXAhWm44MKHdHDAkQQ6AEIMjAC#v=onepage&q=Crimes%20and%20punishments%20by%20Cesare%20Beccaria&f=false
https://www.youtube.com/watch?v=5JEhbkSDOX8

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