Monday, September 21, 2009

Of Crime and Punishment




Why would Beccaria write this book uner a pseudonym?

HERE'S AN EXCERPT FROM THE MOST PROVOCATIVE CHAPTER:

Of the Punishment of Death.



The useless profusion of punishments, which has never made men better

induces me to inquire, whether the punishment of death be really just or

useful in a well governed state? 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. The laws, as I have said before, are only

the sum of the smallest portions of the private liberty of each individual,

and represent the general will, which is the aggregate of that of each

individual. Did any one ever give to others the right of taking away his

life? Is it possible that, in the smallest portions of the liberty of each,

sacrificed to the good of the public, can be contained the greatest of all

good, life? If it were so, how shall it be reconciled to the maxim which

tells us, that a man has no right to kill himself, which he certainly must

have, if he could give it away to another?



But the punishment of death is not authorised by any right; for I have

demonstrated that no such right exists. It is therefore a war of a whole

nation against a citizen whose destruction they consider as necessary or

useful to the general good. But if I can further demonstrate that it is

neither necessary nor useful, I shall have gained the cause of humanity.

No comments:

Post a Comment