Beccaria, Cesare Bonesana (1738–94)

Abstract

Best known for writing Dei Delitti e delle Pene (On Crimes and Punishments), Beccaria was a leading figure of the Milanese Enlightenment who also wrote about political economy and rose to high office in the Lombard administration. His chief work combines contractarian and utilitarian arguments to offer a compromise theory of punishment. According to him, law operates as a sanction to deter harmful behaviour, and should be clear and equal for all. Punishments must be proportionate to the crime whilst preserving the liberty of individuals to pursue their interests to the benefit of themselves and society. He condemned torture and the death penalty for failing to meet these criteria.