Book contents
- Frontmatter
- Contents
- Acknowledgements
- Introduction
- Chronology
- Biographical glossary
- Note on the texts
- Bibliographical note
- On Crimes and Punishments
- Frontispiece
- To the Reader
- Introduction
- 1 The origin of punishment
- 2 The right to punish
- 3 Consequences
- 4 The interpretation of the laws
- 5 The obscurity of the laws
- 6 The proportion between crimes and punishments
- 7 Errors in the measuring of punishments
- 8 The classification of crimes
- 9 Of honour
- 10 Of duels
- 11 Public peace
- 12 The purpose of punishment
- 13 Of witnesses
- 14 Evidence and forms of judgement
- 15 Secret denunciations
- 16 Of torture
- 17 Of the exchequer
- 18 Of oaths
- 19 Of prompt punishments
- 20 Violent crimes
- 21 The punishment of the nobility
- 22 Theft
- 23 Public disgrace
- 24 Parasites
- 25 Banishment and confiscations
- 26 Family feeling
- 27 Lenience in punishing
- 28 The death penalty
- 29 Of detention awaiting trial
- 30 Trials and prescriptions
- 31 Crimes difficult to prove
- 32 Suicide
- 33 Smuggling
- 34 Of debtors
- 35 Asylums
- 36 On setting a price on men's heads
- 37 Attempted crimes, accomplices and immunity
- 38 Leading interrogations, depositions
- 39 Of a particular kind of crime
- 40 False ideas of utility
- 41 How to prevent crimes
- 42 The sciences
- 43 Magistrates
- 44 Public awards
- 45 Education
- 46 Pardons
- 47 Conclusion
- To Jean Baptiste d'Alembert
- To André Morellet
- Inaugural Lecture
- Reflections on the Barbarousness and the Civilisation of Nations and on the Savage State of Man
- Reflections on Manners and Customs
- On Luxury
- Index
- Cambridge Texts in the History of Political Thought
46 - Pardons
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Acknowledgements
- Introduction
- Chronology
- Biographical glossary
- Note on the texts
- Bibliographical note
- On Crimes and Punishments
- Frontispiece
- To the Reader
- Introduction
- 1 The origin of punishment
- 2 The right to punish
- 3 Consequences
- 4 The interpretation of the laws
- 5 The obscurity of the laws
- 6 The proportion between crimes and punishments
- 7 Errors in the measuring of punishments
- 8 The classification of crimes
- 9 Of honour
- 10 Of duels
- 11 Public peace
- 12 The purpose of punishment
- 13 Of witnesses
- 14 Evidence and forms of judgement
- 15 Secret denunciations
- 16 Of torture
- 17 Of the exchequer
- 18 Of oaths
- 19 Of prompt punishments
- 20 Violent crimes
- 21 The punishment of the nobility
- 22 Theft
- 23 Public disgrace
- 24 Parasites
- 25 Banishment and confiscations
- 26 Family feeling
- 27 Lenience in punishing
- 28 The death penalty
- 29 Of detention awaiting trial
- 30 Trials and prescriptions
- 31 Crimes difficult to prove
- 32 Suicide
- 33 Smuggling
- 34 Of debtors
- 35 Asylums
- 36 On setting a price on men's heads
- 37 Attempted crimes, accomplices and immunity
- 38 Leading interrogations, depositions
- 39 Of a particular kind of crime
- 40 False ideas of utility
- 41 How to prevent crimes
- 42 The sciences
- 43 Magistrates
- 44 Public awards
- 45 Education
- 46 Pardons
- 47 Conclusion
- To Jean Baptiste d'Alembert
- To André Morellet
- Inaugural Lecture
- Reflections on the Barbarousness and the Civilisation of Nations and on the Savage State of Man
- Reflections on Manners and Customs
- On Luxury
- Index
- Cambridge Texts in the History of Political Thought
Summary
As punishments become milder, clemency and pardons become less necessary. Happy the nation in which they are harmful! Clemency, then, a virtue which has often complemented all the duties which attach to the sovereign's throne, should be redundant in a perfect administration where punishments are mild and the methods of judgement are regular and expeditious. This truth will seem hard to one who lives amid the chaos of a criminal system in which amnesties and pardons are called for in proportion to the absurdity of the laws and the awful severity of the sentences. Clemency is the most beautiful prerogative of the throne, it is the most desirable endowment of sovereignty and it is the tacit condemnation which the benevolent dispensers of the public happiness make of a code of laws which, for all its imperfections, has on its side the prejudice of ages, the voluminous and impressive tomes of innumerable commentators, the staid paraphernalia of endless procedural formalities, and the support of the most fawning and least feared semi-literates. But one ought to bear in mind that clemency is a virtue of the lawgiver and not of the laws' executor, that it ought to shine in the legal code and not in particular judgements. To show men that crimes can be pardoned, and that punishment is not their inevitable consequence, encourages the illusion of impunity and induces the belief that, since there are pardons, those sentences which are not pardoned are violent acts of force rather than the products of justice.
- Type
- Chapter
- Information
- Beccaria: 'On Crimes and Punishments' and Other Writings , pp. 111 - 112Publisher: Cambridge University PressPrint publication year: 1995
- 1
- Cited by