Buy Existing Paper - Cesare Beccaria on Criminology

Description

Cesare Beccaria on Criminology (Annotated Bibliography)

 

 

 

Allen, F. (2018). Cesare Beccaria | Italian criminologist. Retrieved from

https://www.britannica.com/biography/Cesare-Beccaria

According to this article, Beccaria’s treatise is the first systematic and brief statement of tenets governing criminal punishment. Albeit immense concepts expressed were familiar and the fact that Beccaria’s borrowed from the wisdom writers as the French philosopher, Montesquieu is vivid, the work nonetheless showcases a critical improvement in criminological thought. Beccaria’s treatise brought crucial impact on criminal-law reform throughout western Europe.Cesare Beccaria on Criminology

Draper, A. (2000). Cesare Beccaria’s influence on English discussions of punishment,

1764 – 1789. History Of European Ideas, 26(3-4), 177-199. doi: 10.1016/s0191-6599(01)00017-1

According to Drapper (2000), The impact of Beccaria’s On Crimes and Punishments on English discussions of punishment in the twenty-five years following its publication is assessed, with attention being paid to Beccaria’s combination of contractarian and early utilitarian thinking. It is argued that Beccaria’s influence was particularly striking in England in that he stimulated two disparate strands of reform thinking. The first being exemplified in the work of William Eden, and taking the form of a contractarian, humanitarian version, which owed something to William

Blackstone, but was ultimately quite distinct. The second represented in Jeremy Bentham’s theory of punishment with its emphasis overwhelmingly on utilitarian calculation.Cesare Beccaria on Criminology

In England in particular, his ideas were received with enthusiasm (or, as Bentham described it in 1776, ‘as an Angel from heaven would be by the faithful’94), but an enthusiasm which developed in two directions. Eden’s highly purposeful use of Beccaria’s advocacy of mildness in punishment provoked his demand that public virtue and a love of the laws be pursued on the basis of natural human rights and natural compassion. Bentham, on the other hand, followed the penal principles inherent in Beccaria’s argument to connect his own justifications for legal punishment firmly to a utilitarian base. This dual application of Beccaria’s ideas identifies a remarkable and distinctive reaction to a short but powerful work, and the division between the two camps substantially illustrates the difficulties presented in Beccaria’s apparent reconciliation of contractarian with utilitarian justifications of punishment. In the 1770s English theorists clearly attempted to isolate the strands of thought in Beccaria’s work in their search for the effective principle. Yet Beccaria’s appealremai ns. The enduring legacy of On Crimes and Punishments rests, to a considerable degree, upon its reflection of the perennial desire to discover a convincing method of reconciliation, which allows for an application of punishment that satisfies a demand for just deserts at the same time as being conducive to the greatest happiness of all. Whilst it has been seen how the ideas presented by Beccaria were recognised and acted upon within a few years of the work’s first appearance in England, the promise of coherent interaction between its primary concepts still requires further exploration.Cesare Beccaria on Criminology

 

 

Faqir, R. (2015). The Philosophy of Punishment: A Study to the History of Classical and Positive

Schools of Penology. Forensic Research & Criminology International Journal.

Based on this article, Beccaria perspective was based on the realer philosophical paradigms, as the idea of fixed and appropriation of punishment to crime was based on Montesquieu approach, and the power of state and society to punish offenders was based on the Rousseau social contract theory. He believed that torture and capital punishment should be eliminated, punishments should prescribed and fixed in advance, law should be drafted and codified with clear and unambiguous language in ordered to prevent its subjective interpretation by judges, penalties and sentences should be deterrent rather than retributive, and secret accusations violate the right of defense and they must be condemned and eliminated. He espoused that the public-trial principle to reduce the maltreatments of under trials, applying less harsher- penalties merely that essential for purposes of deterrence, elimination of capital punishment, effectiveness of indirect preventive measures to reduce crime’s rates, such as illumination and stationing of guards. Finally, he advocated that severe, certain, and swift justice system would be more effective to prevent crimes. Beccaria inspired the British criminologist and philosopher Jeremy Bentham, by whom the classical perspective of criminology was founded. The classical approach of Beccaria was unique for the most significant aspirations made for the development of penal science and criminal justice system, including “punishment proportionate to the severity of the crime and the development of a system of published laws and legal procedures applied equally to all without interference by the particular interests of rulers, judges, or clerics and without providing favorable treatment of individuals of higher social, political, or economic status”. It is argued that Beccaria’s perspective has continued implicit in the contemporary thinking that guides legislations and management of criminal justice system. Beccaria dealt with criminal acts as production of a free choice, and believed in the individualization of punishment.Cesare Beccaria on Criminology

 

 

 

Harcourt, B. (2013). Beccaria’s ‘On Crimes and Punishments’: A Mirror on the History of the

Foundations of Modern Criminal Law. Coase-Sandor Institute For Law & Economics Working Paper No. 648, 2013.

According to the research conducted by Harcourt (2013), It may be possible, on the basis of the manifold receptions of Beccaria’s treatise, to write a history of the foundations of criminal law. The uses, critiques, deployments, appropriations, and rereadings of Beccaria’s work constitute an outline of a history of criminal law theory, or at least an important series of some of the major interventions in the field. In becoming a classic text that has been so widely and varyingly cited, though perhaps little read today, On Crimes and Punishments may be used as a mirror on the key projects over the past two centuries and a half in the domain of penal law and punishment theory—and I hope to have contributed, in a small way, to such an endeavor. In the end, we may learn as much about those who have appropriated and used Beccaria than we would about Beccaria himself—perhaps more. Although Beccaria’s writings do not themselves represent the form of discipline per se, paradoxically they sowed the seeds of the disciplinary turn. Foucault emphasized that the prison and the disciplinary form do not derive from the logic of the Enlightenment reformers—even more, that they are incompatibility with it nevertheless, there are certain aspects of Beccaria’s work that, as portrayed by Foucault, reflect a kind of minute regulatory mechanism that is not entirely foreign to the disciplinary techniques.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Allen, F. (2018). Cesare Beccaria | Italian criminologist. Retrieved from

https://www.britannica.com/biography/Cesare-Beccaria

Audegean, P. (2017). Cesare Beccaria’s On Crimes and Punishments: the meaning and

genesis of a jurispolitical pamphlet. History Of European Ideas, 43(8), 884-897. doi: 10.1080/01916599.2016.1256591

Draper, A. (2000). Cesare Beccaria’s influence on English discussions of punishment,

1764 – 1789. History Of European Ideas, 26(3-4), 177-199. doi: 10.1016/s0191-6599(01)00017-1

Faqir, R. (2015). The Philosophy of Punishment: A Study to the History of Classical and Positive

Schools of Penology. Forensic Research & Criminology International Journal.

Harcourt, B. (2013). Beccaria’s ‘On Crimes and Punishments’: A Mirror on the History of the

Foundations of Modern Criminal Law. Coase-Sandor Institute For Law & Economics Working Paper No. 648, 2013.