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Der aufgeklärte Marchese – Entstehung und Wirkungsgeschichte von Cesare Beccarias „Dei delitti e delle pene“

Rechtsgeschichtliche Studien, volume 94

Hamburg , 232 pages

ISBN 978-3-339-14000-5 (print)

ISBN 978-3-339-14001-2 (eBook)

About this book deutschenglish

With his book "Die delitti e delle pene" (On Crimes and Punishments), initially published anonymously in 1764, the Milanese Marchese Cesare Beccaria (1738–1794) placed himself at the forefront of the 18th century criminal law enlightenment movement. His demands for the abolition of the death penalty and torture, proportionality of punishment and humane laws were published in numerous editions and translations across European borders. They inspired progressive monarchs, the French encyclopaedists and the first American presidents such as Thomas Jefferson. His ideas on humanitarian criminal law were incorporated into many codifications and are still with us today.

Kant, his most prominent opponent on the issue of capital punishment, accused Beccaria of a "participating sentimentality of an emotionalised humanity" and regarded all of this as nothing more than "sophistry and distortion of the law". Later generations did not, even if Beccaria is still a source of controversy today.

This study is the first attempt in the German-speaking sphere to place the study of Beccaria and his impact on a broader basis, taking into account the circumstances of the time that shaped him.

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