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James Anson Farrer - Crimes and Punishments - Scholars Choice Edition

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CRIMES AND PUNISHMENTS BY THE SAME AUTHOR Crown 8vo cloth extra 7s 6d - photo 1
CRIMES AND PUNISHMENTS

BY THE SAME AUTHOR.
Crown 8vo. cloth extra, 7s. 6d.
PRIMITIVE MANNERS AND CUSTOMS.
By James A. Farrer.
A book which is really both instructive and amusing, and which will open a new field of thought to many readers. Athenum.
An admirable example of the application of the scientific method and the working of the truly scientific spirit. Saturday Review.
CHATTO & WINDUS, Piccadilly, W.

CRIMES
AND
PUNISHMENTS
INCLUDING A NEW TRANSLATION OF
BECCARIAS DEI DELITTI & DELLE PENE
BY
JAMES ANSON FARRER
London
CHATTO & WINDUS, PICCADILLY
1880
All rights reserved

PREFACE.
The reason for translating afresh Beccarias Dei Delitti e delle Pene (Crimes and Punishments) is, that it is a classical work of its kind, and that the interest which belongs to it is still far from being merely historical.
It was translated into English long ago; but the change in the order of the several chapters and paragraphs, which the work underwent before it was clothed in its final dress, is so great, that the new translation and the old one really constitute quite different books.
The object of the preliminary chapters is to place the historical importance of the original in its just light, and to increase the interest of the subjects it discusses.
The Translator has abstained from all criticism or comment of the original, less from complete agreement with all its ideas than from the conviction that annotations are more often vexatious than profitable, and are best left to the reader to make for himself. There is scarcely a sentence in the book on which a commentator might not be prolix.
To combine the maximum of perspicuity with the maximum of fidelity to the original has been the cardinal principle observed in the translation. But it would, of course, have been no less impossible than contrary to the spirit of the original to have attempted to render perfectly comprehensible what the author purposely wrapped in obscurity. A translation can but follow the lights and shades of the surface it reflects, rendering clear what is clear in the original, and opaque what is opaque.

CONTENTS.
PAGE
CHAPTER I.
BECCARIAS LIFE AND CHARACTER.
State of Lombardy under Count FirmianThe state of criminal lawTorture still in useThe abolition of torture before BeccariaBeccaria not a lawyer by professionAutobiographical letter of Beccaria to the Abb MorelletInfluence on Beccaria of Montesquieu and HelvetiusHis philosophy of life and truthHis friends, the VerriConnection with Pietro VerriThe Caff periodicalReception of the Dei Delitti in ParisTranslation of it by MorelletCommentary by VoltaireThe Swiss medalBeccarias fear of ecclesiastical persecution a motive for occasional obscurityFeeling in Venice against the authorFacchineis criticismProtection of Count FirmianAdverse criticism by contemporary lawyersRamsays letter to Diderot, illustrative of the despair of reformBeccarias journey to ParisHis speedy returnEnmity and jealousy of Pietro VerriBeccarias invitation to St. PetersburgHis lectures on political economy, and later life
CHAPTER II.
THE GENERAL INFLUENCE OF BECCARIA ON LEGISLATION.
Present inconceivability of torture due to BeccariaHow far he was the first to write against itTorture first abolished in EnglandBeccarias influence in RussiaQuotations from his treatise in Catharines instruction for the new codeBeccarias influence in France; Tuscany; Austria; PennsylvaniaBeccaria the first advocate of the abolition of capital punishmentRelative severity of death and other penaltiesSlight relation of crime to punishmentReasons why capital punishment is always more uncertain than other penaltiesCases accounting for its uncertaintyThe efficiency of a punishment its real testFutility of discussing the general right of punishmentInstances of the abolition of capital punishment in ancient and modern timesThe argument for its abolition the same as that for the abolition of torture
CHAPTER III.
THE INFLUENCE OF BECCARIA IN ENGLAND.
General debt of English law to BeccariaEnglish utilitarianism due to BeccariaHis influence first traceable in BlackstoneFallacy of old criminal law in making the amount of temptation the measure of punishmentEden the first to expose it in his Principles of Penal LawAttitude of men of letters to the criminal law, as of Goldsmith, Lord Kames, and FieldingFirst attempt at law reform by Sir W. MeredithConstant opposition of the House of LordsEffect on reform of Madans Executive Justice and Paleys chapter on Crimes and PunishmentsRelation of Paley to Lord Chief Justice EllenboroughPaleys defence of English lawHis approval of the suggestion of throwing murderers into a den of wild beastsHowards ideas of reform and contribution to itBad effect of the French Revolution in EnglandRomillys original idea of reformHis Privately Stealing BillHis criticism of PaleyHis Shoplifting Bill rejected by the LordsThe pillory defended by Lord EllenboroughCapital punishment for forgery by Lord TenterdenRapid changes after the Reform BillThe triumph of Beccarias principles
CHAPTER IV.
THE PROBLEMS OF PENOLOGY.
The spirit of Beccarias workThe slow progress of penology as a scienceIts difficultiesConfusion of guilty and innocentRelation of intention to crimeObjects and animals once part of the criminal worldPenal laws the expression of moral sentiments, and also the cause of themTendency of actions to remain immoral when they have ceased to be penalIllustration from suicide and infanticideThe Equality of punishment, its Analogy and Proportion to crime, as principles of penal lawThe object of punishmentThe difficulties of the deterrent-and-reformative theoryThe object of law to regulate natural vindictivenessTraceable historically to this purposeThe measure of punishment on this theoryAbsence of any such measure at presentPossibility of a fixed scale of crime and punishment illustrated by the Chinese codeThe question of aggravated penalties for re-convictionsThe custom contrary to the spirit of the laws: its evil resultsLimitations to the universality of the customIts error of principle proved by number of re-convictionsThe preventiveness of punishment diminished by its great uncertaintyFrequent changes of English penal systemFailure of present system to reform or deterPunishment itself a cause of crimeIts possible relaxationPunishments most fitted for injuries to the person, or for offences like cruelty to animalsIndirect preventives of crimeA Prisoners FundCumulative sentencesConclusion
BECCARIAS CRIMES AND PUNISHMENTS, TRANSLATED.
CHAP.
To the Reader
I.Introduction
II.The Origin of PunishmentsRight of Punishment
III.Consequences
IV.Interpretation of the Laws
V.Obscurity of the Laws
VI.Imprisonment
VII.Proofs and Forms of Judgments
VIII.Witnesses
IX.Secret Accusations
X.Leading Questions
XI.Oaths
XII.Torture
XIII.Prosecutions and Prescriptions
XIV.Criminal Attempts, Accomplices, Impunity
XV.The Mildness of Punishments
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