15 March 2019

Cesare Beccaria - jurist and criminologist

Enlightened philosopher seen as father of criminal justice


Cesare Beccaria became part of the literary  circle in 18th century Milan
Cesare Beccaria became part of the literary
circle in 18th century Milan
The jurist and philosopher Cesare Beccaria, who is regarded as one of the greatest thinkers of the so-called Age of Enlightenment in the 18th century, and whose writings had a profound influence on justice systems all over the world, was born on this day in 1738 in Milan.

As the author of a treatise On Crimes and Punishments (1764), which was a ground-breaking work in the field of criminal law and the approach to punishing offenders, Beccaria is considered by many academics to be the father of criminal justice.

The treatise, which Beccaria compiled when he was only 26 years old, condemned the death penalty on the grounds that the state does not possess the right to take lives and declared torture to be a barbaric practice with no place in a civilised, measured society.

It outlined five principles for an effective system of criminal justice: that punishment should have had a preventive deterrent function as opposed to being retributive; that punishment should be proportionate to the crime committed; that the probability of punishment should be seen as a more effective deterrent than its severity; that the procedures of criminal convictions should be public; and that to be effective, punishment needed to be prompt.

The reception for his ideas was such that Beccaria, who was somewhat reserved in character, became an international celebrity. He was celebrated in particular in France, where On Crimes and Punishment was published in French in 1766 and was reprinted seven times in six months. English, German, Polish, Spanish, and Dutch translations followed and an American edition was published in 1777.

Beccaria was born in this palace in the Via Brera in central Milan
Beccaria was born in this palace in
the Via Brera in central Milan
Although in many countries the death penalty was not abolished until the late 20th century and is still practised in some parts of the world, in other aspects Beccaria’s treatise exerted significant influence on criminal-law reform throughout western Europe, as well as in Russia, Sweden and the former Habsburg Empire. It also informed legislation in several American states. Founding fathers Thomas Jefferson and John Adams were among those who endorsed his work.

Beccaria was brought up in Milan’s 18th century aristocracy. His father was the Marchese Gian Beccaria Bonesana. They lived in a palace in After attending the Jesuit college at Parma, Beccaria graduated in law from the University of Pavia in 1758.

His primary field of interest was mathematics and economics but he was encouraged by friends to join a literary society, through which be became acquainted with many French and British political philosophers. Much of its discussion focused on reforming the criminal justice system and Beccaria was particularly influenced by the French political philosopher Montesquieu, whose principal work was The Spirit of Laws. 

Nothing Beccaria achieved subsequently came close to the importance of On Crimes and Punishment, although he was to become a prominent economist. In 1768 he accepted the chair in public economy and commerce at the Palatine School in Milan, where his lectures formed the basis of another seminal work, published posthumously under the title Elementi di economia pubblica - Elements of Public Economy - in which he discussed ideas about the division of labour and the relations between food supply and population long before they became common currency.

Giuseppe Grandi's statue of Cesare Beccaria in Piazza Beccaria in Milan
Giuseppe Grandi's statue of Cesare
Beccaria in Piazza Beccaria in Milan
In 1771 he was appointed to the Supreme Economic Council of Milan, where he concerned himself with measures such as monetary reform, labour relations, and public education. A report written by Beccaria is said to have influenced the adoption of the metric system in France.

In his later years, Beccaria was distracted by health and family matters, including property disputes with his two brothers and sister. Although from a philosophical standpoint, he greeted the start of the French Revolution in 1789 with enthusiasm, his horror and dismay at the violence that ensued caused him much sadness and he became withdrawn. He died in 1974 at the age of only 56.

Beccaria was married twice and had five children. Through the first of them, Giulia, he was the grandfather of Alessandro Manzoni, the novelist whose most famous work I promessi sposi - The Betrothed - was one of the first Italian historical novels and is seen as a masterpiece of Italian literature.

Milan's Teatro alla Scala - commonly known as "La Scala" -
was built in the late 18th century
Travel tip:

The cultural golden age experienced by Italy in common with much of Europe in the 18th century included the construction of Milan’s most famous cultural landmark, the theatre and opera house Teatro alla Scala. Built to replace the Teatro Regio Ducale, which was destroyed in a fire, the theatre was designed by the neoclassical architect Giuseppe Piermarini. The initial design was rejected by Count Firmian, the governor of what was then Austrian Lombardy, but a second plan was accepted in 1776 by Empress Maria Theresa. The new theatre was built on the former location of the church of Santa Maria alla Scala, from which the theatre gets its name.




The Palatine School is one of the oldest and
most prestigious schools in Milan
Travel tip:

The Palazzo delle Scuole Palatine - the Palace of the Palatine School - is located in Piazza Mercanti, which was Milan’s medieval city centre. It was once the seat of the most prestigious higher schools in the city and many  notable Milanese scholars studied or taught there. The current building dates back to 1644, when it was rebuilt by the architect Carlo Buzzi to replace an older one that had been destroyed in a fire. The school was established in Piazza Mercanti under Giovanni Maria Visconti, the second Visconti Duke of Milan. The building is decorated with several monuments, including a plaque with an epigram by the Roman poet Ausonius celebrating Milan as the "New Rome" of the fourth century, a statue of Saint Augustine by sculptor Pietro Lasagna.

No comments:

Post a Comment