I. For centuries, criminals were executed all over Europe for the most absurd reasons. Whether one was just a hungry boy stealing half a loaf of bread or a brutal highway robber who killed everyone he stole from, the penalties for crime were the same: severe torture or a death sentence. However, that all changed when the implementation of logic and reason during the Age of Reason helped Cesare Beccaria become one of the most influential Enlightenment thinkers in criminal justice. His most prominent essay, On Crimes and Punishments, contained logical opinions on developing and sustaining a reasonable criminal justice system. In this work, Beccaria’s main emphasis was on administering realistic and rational punishments proportional to the severity of the crime committed, as well as on the right for all the accused to receive a trial that is just and expeditious. Overall, his philosophy was to use logic and reason to sentence punishments, to give everyone the right to a fair and speedy trial, and to have all examiners of criminal justice be level-headed and unbiased. Basically, Beccaria’s idea of the perfect criminal justice system was one that operated on a logical basis. Enlightenment philosopher Beccaria espoused the core value of administering punishment appropriate to the severity of the crime, as well as shifting the focus on preventing crime from happening in the first place so punishment need not occur; this was important to society because it provided a systematic and simple way to enforce fair criminal justice and defended many human rights. This was exemplified by the words of Haemon, Creon’s son, in Antigone.
II. Born into an aristocratic family in Milan, Italy, Cesare Beccaria was automatically enrolled in a Jesuit educational system and received his degree in law in 1758. After his education, Beccaria formed a society with his two friends, Pietro and Alessandro Verri, that later became known as “the academy of fists” (Cesare Beccaria 1). During his lifetime, the Enlightenment period was at its peak, and Beccaria's thoughts were strongly influenced by the logic and reason that came with it. Beccaria wrote his most renowned piece of literature, On Crimes and Punishments, after his companions in “the academy of fists” continually encouraged him to express his political views on paper. In this work, he strongly supported the right for criminals to be granted a fair and prompt trial, in which they would be “dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number” (Beccaria). He wanted the verdicts of all trials to please the vast majority of people, and in the case that criminals were found guilty, Beccaria promoted reasonable punishment in proportion with the crime.
III. Beccaria’s core value revolved around a logical approach to criminal justice. He believed only in punishment that was reasonable to the offense committed by the person, and did not support the idea of a death sentence. Beccaria’s reasoning against the death sentence was that it was “absurd, that laws, which detest and punish homicide, should, in order to prevent murder, publicly commit murder themselves” (Beccaria). His logical approach towards crime was also contradictory to the execution and torture of all lawbreakers, instead requiring cool, levelheaded examiners to try criminals. In doing so, Beccaria was denying the right for anyone with political power to do whatever they wanted with a criminal. This was crucial to societal improvement, as it gave rise to the guaranteed rights of not only the free citizens but for convicts and felons as well. Beccaria’s thinking led to a new, more humane criminal justice system, both in Europe and all over the world. In fact, his thinking was vital in the formation of the United States’ laws on criminal justice, as the 6th and 8th Amendments were based off of his ideas (Beck 198-200).
IV. Even though most of society came to accept Beccaria’s ideas, some philosophers, including Rousseau, differed in their views of the criminal justice system, and might have thought along the lines that harsh punishments being necessary to properly punish the offender and discourage potential future offenders. In his work, Social Contract, Rousseau indirectly disagrees with Beccaria, claiming that “when we put the guilty to death, we’re doing this not so much to a citizen as to an enemy” (Rousseau 17). Basically, he believed that a person lost his status as a citizen, as well as his rights, as soon as he committed a crime. According to Rousseau’s reasoning, people involved with any sort of illegal activity have all broken the social contract, are not part of the state, and therefore should reasonably receive brutal punishment in order to prevent others from breaking the social contract as well. Although it may be true that severe punishments discourage a number of people from committing a crime, it can also be argued that people could also see punishments as overly severe, and take that disdain of the perceived unfair treatment as motivation to continue their unjust ways. What Rousseau’s arguments against Beccaria’s thinking does not account for is the idea that having the same severe punishment for all law offenses will fuel resentment and hatred among the people; basically, people who commit lighter crimes clearly do not deserve the same severity of punishment as those who commit serious offenses. Beccaria’s ideal version of punishments, although not as severe, would be more effective in society, as he believed “all punishments which exceed the necessity of preserving this bond are in their nature unjust!” (Beccaria). In this context, the bond he is referring to keeps the interests of the individuals united rather than conflicted. Beccaria wanted retributions that “make the strongest and most lasting impression on the minds of others, with the least torment to the body of the criminal” (Beccaria). In other words, by leaving a strong impression without afflicting unnecessary pain to the criminal, people would be able to maintain a united front, knowing the government is being fair to them, and will not commit crimes out of hate; this ultimately prevents felonies before they even happen.
V. The core belief that all criminal justice systems should operate in a systematic and reasonable way connects with Beccaria’s thinking, as that is basically the argument of all of his enlightened thinking, displayed in his famous piece, On Crimes and Punishments. His core belief is shown in the words of Haemon, Creon’s son, in the last play of the Oedipus trilogy, Antigone. As a future and potential leader, Haemon possesses a calm, reasonable side to him; even though he took his own life tragically, he left with an extremely memorable quote that supports Beccaria’s belief almost perfectly. In a conversation with his father, Haemon asks Creon to “hear a city’s sympathy for this girl, because no woman ever faced so unreasonable, so cruel a death, for such a generous cause” (Sophocles 222). Haemon’s statement mirrors the main point of Beccaria’s essay, that the punishment should match the crime. Antigone’s crime was for a righteous cause of providing a loved one with a proper burial, and in return, she is sentenced to starve in a cave, where she eventually hangs herself. Haemon tells his stubborn father of this injustice and even appeals to the fact that the Theban people sympathize with Antigone’s actions. Although Creon believes he was right to punish Antigone, everyone, including the victim herself, knew that the people of Thebes “think as [she], but trim their tongues to [Creon]” (Sophocles 212). The majority of Thebes is against Creon’s decision because it goes against all reason and logic. The people sympathize with Antigone and support Haemon’s reasoning that Antigone has been given such an unfair punishment for a light offense. In this statement, Haemon’s way of thinking is parallel to that of Beccaria, in that no overly cruel punishment should be dished out that is not in proportion with the crime.
VI. After expanding on and analyzing Beccaria’s philosophy, it should be clear what his core value is. Overall, Beccaria believes in an unbiased criminal justice system that revolves entirely around logic and reason. Haemon represents these ideas in Antigone through his dialogue that is filled with rationale and wisdom. As the detailed version of Haemon’s dream judicial branch, Beccaria emphasized a justice system with levelheaded judges, reasonable punishments in proportion to the severity of the crime, and the banishment of capital penalty. Overall, Beccaria’s enlightened ideas were truly revolutionary in the field of punishment reform, influencing not only European nations, but even later becoming a basis of law enforcement and justice systems worldwide as well.
Works Cited
Beccaria, Cesare. "Internet History Sourcebooks." Internet History Sourcebooks. Fordham University, n.d. Web. 29 Oct. 2016. <http://sourcebooks.fordham.edu/halsall/mod/18beccaria.asp>.
Beck, Roger B. Modern World History Patterns of Interaction. California Edition ed. N.p.: McDougal Littell, 2006. Print.
"Cesare Beccaria:." Constitution Society. N.p., n.d. Web. 31 Oct. 2016. <http://www.constitution.org/cb/beccaria_bio.htm>.
Rousseau, Jean-Jacques. The Social Contract. Ed. Jonathan Bennett, n.d. Early Modern Texts. Web. 29 Oct. 2016. <http://www.earlymoderntexts.com/assets/pdfs/rousseau1762.pdf>.
Sophocles, and Paul Roche. The Oedipus Plays of Sophocles; Oedipus the King, Oedipus at Colonus, Antigone. New York: New American Library, 1958. Print.