cesare beccaria
...l writings of others including the French Encyclopedists. This interest caused him to develop a close association with two motivating and enthusiastic brothers, Pietro and Alessandro Verri. Pietro was a famous Italian economist and Alessandro was a creative writer. The three (the two brothers and Beccaria) and several others formed a group of young men dedicated to the study and discussion of literature and philosophical subjects. During one of these inspiring discussions, which were followed by serious study of the current social problems of the day, Beccaria was challenged by the Verri brothers to direct the discussion on the penal system of that day. The Verri brothers proved to be the sparkle needed to bring out Beccaria’s creative powers. He was given the task on the penal system which culminated in the essay. At that time, Beccaria knew nothing about the penal system. According to his friend, Pietro Verri, Beccaria was easily discouraged. He needed prodding and even had to be given assignments upon which to work. Beccaria began to work on the essay in March 1763 and completed it in January 1764. At first, it was published anonymously. The essay was an immediate success, much-admired by almost all who read it. In the essay, Beccaria objected to the existing practices in the penal system. He especially detested the erratic and purely personal justice that judges were dispensing. He also objected to the harsh and barbaric punishments of the day. The judges exercised their power to add to any punishments prescribed by law and thus to promote their personal views as to the special conditions involved. In his writings about the theory of the contractual society and the need for punishment, Beccaria stated that laws are the conditions under which independent and isolated men unite to form a society and that men weary of living in a continual state of war, and enjoying a liberty rendered useless by the uncertainty of preserving it, sacrificed some of their liberty so that they may enjoy the rest of it in peace and safety. Substantial motives in the form of punishments are needed to protect society and to prevent it from plummeting into its original chaos. Infractors of the law must be punished in order to protect society. He contended that only laws can order punishments for crimes and influence for making those laws resides only with the legislator who represents the entire society united by a social contract. A magistrate should not be allowed, under any pretext of passion or concern for the public good, to enhance the approve punishments. Judges should not have the authority to interpret laws and the reason, again, is that they are not legislators. The laws should be sufficiently clear and precise so that what constitutes criminal behavior does not need to be interpreted by a judge. The true measure of crimes is the harm that they do to society. It is an error to believe that the true measure of crimes is to be found in the intention of the person who commits them. Sometimes men with the best intentions do the greatest injury and at other times, intending to worst for it, they do the greatest good. To establish the severity of the criminal conduct, one should consider the degree of the harm that is done to society. Because it is in common interest that crimes not be committed, and also that they be less frequent in proportion to the harm they cause society, there must be a proper proportion between crimes and punishments. Obstacles that deter man from committing crime should be stronger in prop...