Cesare Beccaria's Critique of the Death Penalty: An Analysis of Chapter XVI of "On Crimes and Punishments"
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Cesare Beccaria, death penalty, perpetual slavery, deterrent effect, legitimacy, tyranny, civilization, barbarism, crime, punishment, philosophy, law
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Abstract
Discover the profound insights of Cesare Beccaria on the death penalty in Chapter XVI of his influential work, "On Crimes and Punishments" (1764). Beccaria firmly rejects the death penalty, citing its ineffectiveness as a deterrent and questioning its legitimacy. He argues that perpetual slavery is a more severe and effective alternative, striking fear into the hearts of potential offenders. With thought-provoking commentary on the nature of justice, tyranny, and civilization, Beccaria's work remains a crucial philosophical and political treatise on the subject. Explore the outline of his arguments against the death penalty and his proposed alternative, shedding light on the ongoing debate surrounding capital punishment.
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[...] Thus, according to this author, the death penalty refers to acts of barbarism. On the contrary, according to him, civilization is possible when the death penalty is rare. In law, the question of the death penalty has also necessarily arisen as a sanction, as a penalty for committing an offense. The penalty can be defined as the sanction imposed on the perpetrator of an offense. It is said, in law, that it has three characteristics: it is legal, equal for all, but also personal. [...]
[...] He asks both if the death penalty is useful and if it is just. The criticisms he makes about the death penalty are strong. He thus inscribes himself in a vision that is both reformist and humanist of penal law. The question that arises in this case is the following: What is the outline that Cesare Beccaria draws regarding the death penalty in Chapter XVI of his work? In order to answer this question, it is necessary to first focus on the total rejection of the author of the death penalty before turning, in a second time, to the alternative he proposes, namely, perpetual slavery (II). [...]
[...] Commentary: If one bases oneself on the three characteristics of the penalty, perpetual slavery could be legal if determined by law. It could be a penalty equal to all. Finally, this penalty is personal in the sense that only the guilty person is affected by the penal sanction, although the author speaks of the witness's terror. The death penalty is not entirely personal since it also causes suffering to the relatives of the perpetrator by making him disappear. [...]
[...] The lack of legitimacy of the death penalty Citation : "Can we not say that these laws are only the mask of tyranny; that these cruel and thoughtful formalities of justice are only a pretext for us to be immolated with greater security ( . + "The death penalty is therefore based on no right. It is a declared war ( . Explanation: According to the author, the death penalty is not based on any right, it is a mark of tyranny. It is devoid of any just character. He questions the right given to certain men to slaughter their fellow men. [...]
[...] The afflictive nature of the penalty is well presented. This penalty also has the very interesting fact that it can be stopped and then allows for the correction of any possible judicial errors, unlike the death penalty. The advantage of terror Citation: "The penalty of slavery has the advantage for society that it terrifies more the one who witnesses it than the one who suffers it." Explanation: This statement is correct and it goes in the direction of dissuasion through intimidation. [...]
