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This humane sentiment is what makes Beccaria appeal for rationality in the laws. Suicide is a crime which seems not to admit of punishment, properly speaking; for it cannot be inflicted but on the innocent, or upon an insensible dead body. In the first case, it is unjust and tyrannical, for political liberty supposes all punishments entirely ...
Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio [1] (Italian: [ˈtʃeːzare bekkaˈriːa, ˈtʃɛː-]; 15 March 1738 – 28 November 1794) was an Italian criminologist, [2] jurist, philosopher, economist, and politician who is widely considered one of the greatest thinkers of the Age of Enlightenment.
The French Penal Code of 1791 was a penal code adopted during the French Revolution by the Constituent Assembly, between 25 September and 6 October 1791.It was France's first penal code, and was influenced by the Enlightenment thinking of Montesquieu and Cesare Beccaria.
Therefore, in a rational system, the punishment system must be graduated so that the punishment more closely matches the crime. Punishment is not retribution or revenge because that is morally deficient: the hangman is paying the murder the compliment of imitation. Bentham's ideas strengthened the principles behind the prison system.
The principle of legality of punishment and crime was identified and conceptualized in the Enlightenment.It is generally attributed to Cesare Beccaria but Montesquieu indicated that "the judges of the Nation are only the mouth that pronounces the words of the law" [b] as early as 1748, in The Spirit of the Law (French: L'Esprit des lois
Beccaria conceived of punishment as the necessary application of the law for a crime; thus, the judge was simply to confirm his or her sentence to the law. Beccaria also distinguished between crime and sin, and advocated against the death penalty, as well as torture and inhumane treatments, as he did not consider them as rational deterrents.
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