Beccaria's Penal Law Preface

Preface of the Translator

• Penal laws are imperfect with unnecessary cruelty in all nations.
• Reducing penal laws to reason is interesting to all.
• The book gained European attention, six original editions in 18 months.
• The third edition was printed within six months.
• It was translated to French with many reprints and great appreciation.
• Marquis Beccaria of Milan authored it, and concealed his name for religion and government reasons.
• Intellectuals in Milan read, discussed, and desired its publishing.
• The translator kept the original order, but fixed paragraph placement.
• The French translation transposed every chapter and paragraph..
• The Commentary is attributed to Mons. de Voltaire based on public opinion.
• The translation requires no apology, because of the subject's broad national interest.
• Particularly it must be acceptable to the English, due to its eloquent advocation for liberty, benevolence, and humanity.
• It might be objected that such material is useless in England, where there is excellent laws and government without cruelty or oppression.
• Much still needs perfecting in the English legislative system regarding debtors, prisons, jailors, and petty officers.
• A melancholy reflection exists on the large number of criminals put to death in England, compared to the rest of Europe.
• Author hopes to diffuse the essay's useful truths and attempts to rescue one victim from tyranny or ignorance.
• This is sufficient compensation for universal feelings of contempt.

Introduction

• Human society has an effort to grant power to one group and inflict misery on another.
• Good laws aim to counter this, equally spreading influence.
• Men leave concerns to uncertain discretion, which rejects wise ideas.
• They're induced to fix problems after mistakes and suffering.
• Commonly most simple truths are missed by those with vulgar minds.
• Vulgar minds are incapable of distinction, and swayed by outside opinions instead of personal evaluation.
• Laws, or conventions, should exist between free individuals, however, history suggests laws mostly arise from individual passions, random chance or temporary necessity.
• Few nations wait for slow change to improve, instead quickly advancing from one to the other by sound law.
• Thanks should exist for the philosopher who courageously spreads truths among the public.
• The art of printing spreads philosophical truths and reveals relations in knowledge.
• Knowledge animates commerce, leading to competition and industry.
• This is the enlightened age; however the cruelty of punishments and criminal case irregularities are neglected in European legislation.
• Errors aren't exposed through general principles, nor force exerted against ill-directed power, that authorizes barbarity.
• The weak suffer from powerful ignorance, barbarous torments are multiplied, prisons are full of filth, and uncertainty ought to rouse attention from those who direct mankind's opinions.
• Montesquieu slightly touched on the subject.
• One can obtain thanks of the peaceful disciples of reason and philosophy, and excite empathy for defenders of humanity.

Chapter I: Of the Origin of Punishments

• Laws are conditions where independent men unite in society.
• Weary of war and liberty's uncertainty, they sacrifice some liberty for peace, security.
• Individual liberty portions create national sovereignty, managed by the sovereign.
• It is not merely a matter of establishing this deposit, it necessitates defense from the individual attempting to only take from it; incentives are needed to prevent personal tyranny and societal chaos.
• Punishments are the required incentives, because multitudes do not adopt conduct rules.
• Society is prevented from dissolution due to immediate sensory objects, continually displayed to counter balance effects from individual passions, that oppose public good.
• Neither eloquence nor sublime truths can restrain passions excited by present objects, for long.

Chapter II: Of the Right to Punish

• Every punishment that does not arise from strict necessity is tyrannical.
• Authority where there isn't an absolute necessity is tyrannical.
• Sovereign's right to punish stems from defending public liberty against individual usurpation.
• Punishments is justified by the value of liberty that is preserved by the sovereign.
• The foundation for the sovereign's right to punish comes from within the human heart.
• Moral policy cannot have long lasting benefit on man if there is resistance or there is laws deviating from principle.
• No man gives liberty merely for public good, because, everyone wants to be exempt from obligations.
• Because multiplying mankind was too great for resources, men split. off forming new contradicting nations and resulting in state of war.
• Necessity then requires men give up liberty, placing a little in public stock for collective defense.
• This aggregate forms right to punish, anything beyond is abuse.
• Justice refers to the bond uniting individual interests; without it, men would return to barbarity.
• Punishments exceeding this bond are unjust.
• Justice should not be associated with anything real or physical power.
• Discussion of justice excludes divine justice of rewards/punishments in afterlife.

Chapter III: Consequences of the Foregoing Principles

• Laws determine crime punishment, while penal laws come from the legislator, who embody the unified society through social compact.
• Magistrates, as societal members, cannot justly impose punishments not ordained by laws.
• Magistrate zeal or public good pretext cannot justify increasing established punishment, for increased punishment introduces an additional punishment.
• Society and each member is equally bound by contract.
• Obligation extends from throne to the cottage, requiring observations of conventions beneficial to majority of people.
• Individual compact violation introduces anarchy.
• Sovereign makes broad laws, but isn't judge of compact violations or merited punishments.
• Disagreements require third party, or judge, without appeal, who makes determinations, consisting of fact affirmation or negation only.
• If punishment severity is useless, though not contrary to public good or crime prevention, it opposes virtues from enlightened reason, where sovereign governs men in freedom and happiness, not slavery.
• It is against justice and social compact.

Chapter IV: Of the Interpretation of Laws

• Judges have no right to interpret penal laws in criminal cases, as they are not legislators and do not receive laws as tradition.
• The laws authority isn't in convention because it cannot bind earlier convention participants.
• Laws derive authority from pledged allegiance.
• Sovereign is lawmaker interpreter, not judge, whose only role is to see if actions violate laws.
• In criminal cases, judges use syllogisms, general law first, action conformity or opposition second, then liberty or punishment is concluded.
• Judges introduce uncertainty if they use extra syllogisms due to legal imperfection or choose to do more.
• Spirit of laws is dangerous since it gives way to opinions.
• Knowledge is proportional to ideas; it is complex, where more variety of positions are considered.
• Good or bad logic of judges relies on passion ranks, and conditions, which fluctuates objects in minds.
• Delinquents fate changes in courts, because life hangs on judge ill humor.
• Crimes are punished variably based on not consulting laws, instead arbitrariness.

Chapter V: Of the Obscurity of Laws

• The Power of how Laws are interpreted is an evil: Obscurity can be another Evil.
• The language used must be unknown to the people: this leads to a person dependent on only a few Interpreters.
• What should we feel when we know of Enlightenment Europe: where crime goes Down with Knowledge of the Laws: The passions only use for certainty of punishments.

Chapter VI: Of the Proportion Between Crimes and Punishments

• Not only should crimes be prevented, but crimes should be less frequent, and therefore means to prevent crimes should be powerful.
• Disorders Increase in proportion to what passions man has.
• "The legislator acts, in this case, like a skillful architect, who endeavors to counteract the force of gravity by combining the circumstances which may contribute to the strength of his edifice.".
• A scale can be formed with the first degree to dissolve and the last to do an injustice to a private member.
• We should have a common Liberty of degree of slavery and humanity of nations.

Chapter VII: Of Estimating the Degree of Crimes

• Crimes can only be measured by the Injury done to Society.
• Should depend on actual impression and disposition of the Mind: varies by person, ideas, Passion.
• Should not be estimated by the Dignity of person they are in consequence to society
• Greatness of sin should aggravate.

Chapter VIII: Of the Division of Crimes

• Crimes must be measured by the Injury done: truth are known to few.
• Opinions are only worthy of the Despotism of Asia: simple idea are only known in society"
• Crimes should be variable nature to country and Time.
• Pointing Out the general Principles: to undevice those from zeal for introductions.
• Some crimes are destructive: others private of honnor and property
• Those of the HIghest degree as they are most destructive: crimes like like leze-majesty.
• The Greatest of Punishment should be assigned.

Chapter IX: Of Honour

• Civil laws protect life/property, honor laws respect others' opinions.
• "Honour" lacks precise definition, despite reasoning foundation.
• Humanity's morality truths are confused by passion and transferred by ignorance.
• Due to the close proximity of good and bad, simple ideas are easily confused.
• Must to separated to investigate sensibility, an honor apparatus is needed for man kind security.
• Honour is an idea complex that is a Aggregate, only showing a common divisor.
• Initial laws and magistrates were necessity of preventing Individual control, thus giving rise between man friend ship.
• This leads to necessity of Opinion to which the Laws would not secure and remove evens against with laws would.
• It is only virtue in appearance a tormentor of the Wise.
• It should Not fall below level of his meritoriousness

Chapter X: Of Duelling

• Single combats, arising from people's value on others' esteem, stem from laws' anarchy.
• Ancients possibly didn't have it because they didn't suspiciously wield swords at religious or social spaces.
• Or, perhaps single combat was for spectacle for slaves that where gladiotors which which freemen did not initmate
• Laws cannot stop by death punishments where a man reduced to solitary existence or must Overcome fear of death.
• Reason for Infrequent duels in common people is because they don't war swords and reputation
• Best previtive of Crime is to punish for the Aggravater, instead for the side to support.

Chapter XI: Of Crimes Which Disturb the Public Tranquility

• Disrupting public space (tumults, riots) or fanning fanaticism disrupts public tranquility and citizen calm.
• Street lights guards and religion should ensure that the passions of public is put to end.
• French refer to police and they should adhere to rules.
• Community should know that is going to the Code and when Tyranny and Politics
• I do not know of those to the ones who are Censors to Sacrifeced in tyranyty.
• what should a proper puishment be for a crime? is death truly nessary, is it contatent with justice?
• these all need Geometry because it is too hard to prove what they are doing.

Chapter XII: Of the Intent of Punishments

• It is not to torment a being, not to end crime, it was not from passion as they should a judge of power or influence.
• The Intent need to always remain in that the People what commit needs to face others.

Chapter XIII: Of the Credibility of Witnesses

• To get the exactness in Evidence to determine what to believe in legislation.
• People who what to be tested to understand with each other there sensations.
• Credibility to determine their account or to see is there any things they are trying conceal in truth.
• How frivolous of the people who what to Reject what a women says or those under sentence.
• The degree to hate, freneship is not enough for the delinquent. Credibility is lesser, the high people who are likely are to get more.
• Be hold inhuman, conjecture sufficient and those to who is allow to Limit the law. The Law and how it is been in effect of people it is in human of what those laws did.

Chapter XIV: Of Evidence and the Proofs of a Crime, and of the Form of Judgment

• Here is good use of when making certainty fact.
• If proof and people are depent on each of not knowing they what increase or decrease by the truth of people.
• It should be extraordinary speech to Crimes to Deserver.
• Which is what we in need to go by.
• It all can be classify into Classes with who perfect in what they can not Exclude by their Union in like manners.
• But this it can be much easier to have the feelings of this for the assistant to people and to have them choosen by the good law because if It is for you and how good it feel to use them and that that can not take.
• Happly the world is now what is a science and this why we need in our.