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In other cases of homicide, the law will not add to the miseries of the party, by punishments or forfeitures.* * Beccaria, § 32. Suicide. Homicides are, 1. Justifiable. 2. Excusable. 3. Felonious. For the last, punishments have been already provided. The first are held to be totally without guilt, or rather commendable. The second are, in some cases, not quite unblamable.
Women have more of this dexterity than men. Lawyers have more of it than statesmen: statesmen have more of it than philosophers. Monk had more of it than Harrington and all his club. Walpole had more of it than Adam Smith or Beccaria. Indeed, the species of discipline by which this dexterity is acquired tends to contract the mind, and to render it incapable of abstract reasoning.
It was anciently punished with death, as it has been latterly. LI Ælfrid. 31. and 25 H. 8. c. 6. see Beccaria, § 31. Montesq. Bracton, Fleta, &c.
"My dear Madame," he interposed earnestly, "the history of criminal jurisprudence, not to mention the remarkable essay of the Marquis Beccaria proves beyond doubt that the extirpation of the offender is the only possible safety for the State " Olivia rose and stood before the prince, her eyes meeting his. "You will permit this sentence?" she asked steadily.
In fact, aside from the two terrible books of the Digest, and from the practical criminologists of the Middle Ages who continued the study of criminality, the modern world opened a glorious page in the progress of criminal science with the modest little book of Cesare Beccaria. This progress leads from Cesare Beccaria, by way of Francesco Carrara, to Enrico Pessina.
A new religion, heralded by a new evangel, that of Diderot and Montesquieu, Lessing, Beccaria, and Voltaire, and sanctified by the blood of new martyrs, the Girondins, offered itself to the world.
Hence they accused Beccaria of being the protector of robbers and murderers, because he wanted to abolish the only means of compelling them to a confession, the torture. But Cesare Beccaria had on his side the magic power of truth. He was truly the electric accumulator of his time, who gathered from its atmosphere the presage of the coming revolution, the stirring of the human conscience.
The abbé Jachinci published four volumes against Beccaria, calling him the destroyer of justice and morality, simply because he had combatted the tortures and the death penalty. The tortures, which we incorrectly ascribe to the mental brutality of the judges of those times, were but a logical consequence of the contemporaneous theories.
Beccaria taught that arbitrary or cruel interference with personal liberty is not in accordance with dictates of nature or reason. Philosophy did not directly effect a change; it was merely an expression of a growing belief in the advisability of change.
Whenever sentence of death shall have been pronounced against any person for treason or murder, execution shall be done on the next day but one after such sentence, unless it be Sunday, and then on the Monday following.* * Beccaria, § 19; 25 G. 2. c. 37.
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