In 18th-century continental Europe, penal law and what passed for justice were barbaric: gallows were a regular feature of the landscape, branding and mutilation were common, and there existed the ghastly spectacle of people being broken on the wheel. To make matters worse, offenders were often tortured or put to death for quite minor crimes and often without any semblance of a proper trial. Like a bombshell, a book entitled On Crimes and Punishments exploded onto the scene in 1764 with shattering effect. Its author was a young man from a privileged background, named Cesare Beccaria (1738-1794). A central message of that now classic work was that such punishments belonged to 'a war of nations against their citizens' and should be abolished. It was a cri de coeur for thorough reform of the law affecting penal law and punishments, and it swept across the continent of Europe like wildfire, being adopted by one ruler after another. It even crossed the Atlantic to the new United States, into the hands of President Thomas Jefferson. Civilized penal law remains a highly topical issue, and this book examines where it all began, with the influence of Cesare Beccaria.

The first known abolitionist critique of the death penalty—here for the first time in English In 1764, a Milanese aristocrat named Cesare Beccaria created a sensation when he published On Crimes and Punishments. At its centre is a rejection of the death penalty as excessive, unnecessary, and pointless. Beccaria is deservedly regarded as the founding father of modern criminal-law reform, yet he was not the first to argue for the abolition of the death penalty. Against the Death Penalty presents the first English translation of the Florentine aristocrat Giuseppe Pelli's critique of capital punishment, written three years before Beccaria's treatise, but lost for more than two centuries in the Pelli family archives. Peter Garnsey examines the contrasting arguments of the two abolitionists, who drew from different intellectual traditions. Pelli was a devout Catholic influenced by the writings of natural jurists such as Hugo Grotius, whereas Beccaria was inspired by the French Enlightenment philosophers. While Beccaria attacked the criminal justice system as a whole, Pelli focused on the death penalty, composing a critique of considerable depth and sophistication. Garnsey explores how Beccaria's alternative penalty of forced labour, and its conceptualisation as servitude, were embraced in Britain and America, and delves into Pelli's voluminous diaries, shedding light on Pelli's intellectual development and painting a vivid portrait of an Enlightenment man of letters and of conscience. With translations of letters exchanged by the two abolitionists and selections from Beccaria's writings, Against the Death Penalty provides new insights into eighteenth-century debates about capital punishment and offers vital historical perspectives on one of the most pressing questions of our own time.

Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.

Published in 1764, On Crimes and Punishments by Cesare Beccaria (1738–1794) courted both success and controversy in Europe and North America. Enlightenment luminaries and enlightened monarchs alike lauded the text and looked to it for ideas that might help guide the various reform projects of the day. The equality of every citizen before the law, the right to a fair trial, the abolition of the death penalty, the elimination of the use of torture in criminal interrogations—these are but a few of the vital arguments articulated by Beccaria. This volume offers a new English translation of On Crimes and Punishment alongside writings by a number of Beccaria’s contemporaries. Of particular interest is Voltaire’s commentary on the text, which is included in its entirety. The supplementary materials testify not only to the power and significance of Beccaria’s ideas, but to the controversial reception of his book. At the same time that philosophes proclaimed that it contained principles of enduring importance to any society grappling with matters of political and criminal justice, allies of the ancien régime roundly denounced it, fearing that the book’s attack on feudal privileges and its call to separate law from religion (and thus crime from sin) would undermine their longstanding privileges and powers. Long appreciated as a foundational text in criminology, Beccaria’s arguments have become central in debates over capital punishment. This new edition presents Beccaria’s On Crimes and Punishments as an important and influential work of Enlightenment political theory.

The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History!

In eighteenth century continental Europe penal law was barbaric. Gallows were a regular feature of the landscape, branding and mutilation common and there existed the ghastly spectacle of men being broken on the wheel. To make matters worse, people were often tortured or put to death (sometimes both) for minor crimes and often without any trial at all. Like a bombshell a book entitled On Crimes and Punishments exploded onto the scene in 1764 with shattering effect. Its author was a young nobleman named Cesare Beccaria (1738-1794). A central message of that—now classic—work was that such punishments belonged to ‘a war of nations against their citizens’ and should be abolished. It was a cri de coeur for thorough reform of the law affecting punishments and it swept across the continent of Europe like wildfire, being adopted by one ruler after another. It even crossed the Atlantic to the new United States of America into the hands of President Thomas Jefferson. In a wonderful sentence which concludes Beccaria’s book, he sums up matters as follows: “ In order that every punishment may not be an act of violence, committed by one man or by many against a single individual, it ought to be above all things public, speedy, necessary, the least possible in the given circumstances, proportioned to its crime (and) dictated by the laws.” Civilising penal law remains a topical issue but it began with Cesare Beccaria.

Introduction -- A young nobleman -- The runaway bestseller -- Monarchs and philosophes -- Pride and privilege-and political economy -- The revolutionaries -- The celebrated marquis -- Conclusion

Who is sovereign in the United States? Is it the people themselves, or is it an elite determined to rule citizens who are seen as incapable of making choices about their own lives? This is the central question in the American gun-control debate. In this Broadside, David Kopel explains why the right to keep and bear arms has always been central to the American identity – and why Americans have always resisted gun control. The American Revolution was sparked by British attempts to confiscate guns. After the Civil War, the U.S. changed the Constitution to defeat the nation’s first gun-control organization, the Ku Klux Klan. When Hitler and Stalin demonstrated how gun registration paves the way for gun confiscation, which paves the way for genocide, Americans resolved to make sure it never happens here. Gun control is not an issue of left vs. right or urban vs. rural. The right to bear arms is crucial to prevent large-scale tyranny by criminal governments and small-scale tyranny by ordinary criminals – and to protect our Constitution.