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23 février 2017
- handle: 10670/1.h9qcym
- hal: hal-03931244
- doi: 10.1080/01916599.2016.1256591
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Philippe Audegean, « Cesare Beccaria’s On Crimes and Punishments : the meaning and genesis of a jurispolitical pamphlet », HAL-SHS : philosophie, ID : 10.1080/01916599.2016.1256591
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At the heart of the criminal reform proposed in Cesare Beccaria’s 1764 Dei delitti e delle pene (On Crimes and Punishments) are the principles of penal parsimony derived from a precise interpretation of the social contract. Punishment, being no more than a necessary evil devoid of any intrinsic virtue, must serve no more than a preventative function to the smallest possible extent; its application strictly bound by the principle of legality. Beccaria’s criminal philosophy, therefore, attempts to drastically reduce the power of the penal institution. After recounting its principal aspects, this article seeks to propose a new interpretation of Beccaria’s theory from the perspective of its historical context. The Italian Enlightenment philosopher did not so much express indignation against the barbarism of the Milanese penal system, but rather instigate a rebellion against the political dominance of its patriciate, whose power had long been validated by its juridical functions. In this respect, Beccaria sought to combat the political hegemony of the jurists, concluding his treatise by excluding juridical thought from, and thus removing the intellectual foundations of, the practice of criminal law.