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Updated: June 5, 2025
When Cesare Beccaria printed his book on crime and penalties in 1774 under a false date and place of publication, reflecting the aspirations which gave rise to the impending hurricane of the French revolution; when he hurled himself against all that was barbarian in the mediaeval laws and set loose a storm of enthusiasm among the encyclopedists, and even some of the members of government, in France, he was met by a wave of opposition, calumny and accusation on the part of the majority of jurists, judges and lights of philosophy.
Maria Theresa and Joseph II. fostered the intellectual progress of Lombardy; Spallanzani published his researches on natural philosophy; Volta discovered the pile which bears his name; a new era in poetry was created by Parinl; another in criminal jurisprudence by Beccaria; history was reconstructed by Muratori; mathematics promoted by Lagrange, and astronomy by Oriani; and Alfieri restored Italian letters to their primitive splendor.
The gathering of all human knowledge into one set of volumes an encyclopedia had been for generations a favorite idea in Europe. Over four thousand copies had been subscribed when the Encyclopedia appeared in 1765. It proved to be more than a monument of learning: it was a manifesto of radicalism. Practical specific reforms were suggested by Montesquieu, Rousseau, Beccaria, and Adam Smith.
This tendency continued under ecclesiastical influence, unrestrained, until the humanitarian movement of the eighteenth century, when Beccaria, Voltaire, Rousseau and other great reformers succeeded in turning the tide of public opinion against the barbarity of the laws, and the penalty of death for abortion was finally abolished.
Some of the same principles were announced by Locke and Beccaria, by Hobbes, who maintained the omnipotence of the state, and by Grotius, who insisted upon the divine right of kings. To agree with another upon certain matters does not make one his disciple. No one mistakes the doctrines of Paul for those of Mohammed, because both taught the immortality of the soul.
See Beccaria, § 31. Whosoever committeth murder by poisoning, shall suffer death by poison. Whosoever committeth murder by way of duel, shall suffer death by hanging; and if he were the challenger, his body, after death, shall be gibbeted.* He who removeth it from the gibbet, shall be guilty of a misdemeanor; and the officer shall see that it be replaced. * 25 G. 2. c. 37.
One may feel a certain indifference to the death penalty, one may refrain from pronouncing upon it, from saying yes or no, so long as one has not seen a guillotine with one's own eyes: but if one encounters one of them, the shock is violent; one is forced to decide, and to take part for or against. Some admire it, like de Maistre; others execrate it, like Beccaria.
And he, seeing the concourse of the people, and the faith they bare him, began to denounce vice, and specially usury, revenge, and ill-behavior of women; and thereupon he began to speak against the disorderly lordship of the tyrants; and in a short time he brought the women to modest manners, and the men to renunciation of usury and feuds. The only citizens of Pavia who resisted his eloquence were the Beccaria family, who at that time ruled Pavia like despots.
And yet, it took half a century from the time of Beccaria, before the penal codes showed signs of the reformatory influence of the classic school of criminology. So that it has also taken quite a long time to establish it so well that it became accepted by general consent, as it is today.
It is a right of exemption from capital punishment for the first offence in most cases. It is then a pardon by the law. In other cases, the Executive gives the pardon. But when laws are made as mild as they should be, both those pardons are absurd. The principle of Beccaria is sound. Let the legislators be merciful, but the executors of the law inexorable.
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