Beccaria opens his work describing the great need for reform in the criminal justice system, and he observes how few studies there are on the subject of such reform.
Throughout his work, Beccaria develops his position by appealing to two key philosophical theories: social contract and utility. Concerning the social contract, Beccaria argues that punishment is justified only to defend the social contract and to ensure that everyone will be motivated to abide by it. Concerning utility (perhaps influenced by Helvetius), Beccaria argues that the method of punishment selected should be that which serves the greatest public good.
For Beccaria, the purpose of punishment is to create a better society, not revenge. Punishment serves to deter others …show more content…
Treason is the worst crime since it harms the social contract. This is followed by violence against a person or his property, and, finally, by public disruption. Crimes against property should be punished by fines. The best ways to prevent crimes are to enact clear and simple laws, reward virtue, and improve education.
Three tenets served as the basis of Beccaria’s theories on criminal justice: free will, rational manner, and manipulability. According to Beccaria -- and most classical theorists -- free will enables people to make choices. Beccaria believed that people have a rational manner and apply it toward making choices that will help them achieve their own personal gratification.
In Beccaria’s interpretation, law exists to preserve the social contract and benefit society as a whole. But, because people act out of self-interest and their interest sometimes conflicts with societal laws, they commit crimes. The principle of manipulability refers to the predictable ways in which people act out of rational self-interest and might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the crime an illogical
Throughout his work, Beccaria develops his position by appealing to two key philosophical theories: social contract and utility. Concerning the social contract, Beccaria argues that punishment is justified only to defend the social contract and to ensure that everyone will be motivated to abide by it. Concerning utility (perhaps influenced by Helvetius), Beccaria argues that the method of punishment selected should be that which serves the greatest public good.
For Beccaria, the purpose of punishment is to create a better society, not revenge. Punishment serves to deter others …show more content…
Treason is the worst crime since it harms the social contract. This is followed by violence against a person or his property, and, finally, by public disruption. Crimes against property should be punished by fines. The best ways to prevent crimes are to enact clear and simple laws, reward virtue, and improve education.
Three tenets served as the basis of Beccaria’s theories on criminal justice: free will, rational manner, and manipulability. According to Beccaria -- and most classical theorists -- free will enables people to make choices. Beccaria believed that people have a rational manner and apply it toward making choices that will help them achieve their own personal gratification.
In Beccaria’s interpretation, law exists to preserve the social contract and benefit society as a whole. But, because people act out of self-interest and their interest sometimes conflicts with societal laws, they commit crimes. The principle of manipulability refers to the predictable ways in which people act out of rational self-interest and might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the crime an illogical