Books

In-4 (204x150 mm), pp. 104 (prive del foglio d'errata aggiunto in alcuni esemplari), legatura coeva in pergamena rigida. Edizione originale di una delle più importanti opere nella storia del pensiero moderno, vera e propria pietra miliare nel campo della legislazione ed uno dei testi che influenzarono la ''Dichiarazione dei diritti dell'uomo''. Il trattato del filosofo e giurista milanese (1738-1794) ebbe uno straordinario successo nel secolo dei lumi, dovuto all'opportunità della maggior parte delle riforme auspicate, parecchie delle quali furono in effetti, e con successo, adottate. L'opera di Beccaria ebbe in edizioni successive il commento di Diderot e di Voltaire, e fu conosciuta ed ammirata da uomini come d'Alembert, Helvétius, Holbach, Hume e Hegel. La sua efficacia fu grande nel campo della pratica, poiché del suo influsso risentì più o meno profondamente la nuova legislazione penale di tutti i principi riformatori. "Beccaria maintained that the gravity of the crime should be measured by its injury to society and that the penalties should be related to this. The prevention of the crime he held to be of greater importance than its punishment, and the certainty of punishment of greater effect than its severity. His ideas have now become so commonplace that it is difficult to appreciate their revolutionary impact at the time." (PMM). È sicuramente una tra le opere più innovative e rivoluzionarie sulla riforma penale e la criminologia, in opposizione alla pena di morte, in perfetta sintonia con le idee umanitarie dell'Illuminismo europeo. Esemplare non pressato, a grandi margini e fresco (da due a cinque puntini di ossidazione su qualche foglio). Ï¿½4to (204x150 mm), pp. 104 (without the leaf of errata which was added to some copies). First edition of the most significant Italian contribution to European Enlightenment, that at its appearance was immediately greeted with enthusiastic acclaim throughout Europe. In the essay, Beccaria harshly criticizes the current legislation and the prison treatment of detainees (in particular the aberrant, but widespread practice of torture), rejecting in block much of the previous legal tradition and placing at the center of his reflection the respect for the rights of the individual, in particular the so-called natural rights, such as the right to freedom and ownership. For prudential reasons, the author's name does not appear in the text, which soon after was included in the Index of Prohibited Books. Within eighteen months, the book passed through six editions, and later with false printing places (Munich, Lausanne, Harlem, etc.), in editions that were mostly incorrect and illegitimate counterfeits. The reforms he had advocated led to the abolition of the death penalty in the Grand Duchy of Tuscany, the first state in the world to take this measure. Thanks to the translation into all major languages of the time, "On Crimes and Punishments" came to influence, more or less directly, Catherine of Russia, Joseph II, Leopold II, Voltaire, J. Bentham, W. Blackstone, and Thomas Jefferson, and the legislators of the American and French Revolutions. It was translated into French in 1766 and published with an anonymous commentary by Voltaire. An English translation appeared in 1767, and it was translated into several other languages. John Adams invoked Beccaria's words in his defence of British soldiers following the Boston Massacre in 1770: "I am for the prisoners at the bar, and shall apologize for it only in the words of the Marquis Beccaria: 'If I can but be the instrument of preserving one life, his blessing and tears of transport, shall be a sufficient consolation to me, for the contempt of all mankind'." Thomas Jefferson in his Commonplace Book copied a passage from Beccaria related to the issue of gun control. A fine copy, with large margins, with very few small spots (two to five) on some of the leaves. Printing and the Mind of Man 209. Firpo I, p.

Cesare Beccaria's seminal work, "Dei delitti e delle pene," translated into English as "On Crimes and Punishments," marks a monumental shift in the landscape of criminal justice and criminology. Published in 1764, this groundbreaking treatise laid the foundations for the modern criminal justice system, advocating for the reform of the legal and penal system in a manner that was radically ahead of its time. Beccaria's ideas not only influenced the development of criminal law in Western Europe but also had a profound impact on the Enlightenment philosophers of his era. This essay delves into the core themes, arguments, and enduring legacy of "On Crimes and Punishments," highlighting its significance in the annals of legal and philosophical thought. At the core of Beccaria's argument is the assertion that the system of punishment should be guided by rationality, humanity, and the principle of justice rather than by the severity of torture or the arbitrariness of the judges. Beccaria challenges the traditional practices of the criminal justice system of his time, which often involved torture and capital punishment, arguing that the purpose of punishment should be to deter crime and reform the offender, rather than to exact revenge. This represented a radical departure from the prevailing judicial practices, rooted in a belief in the innate rights of individuals and the importance of a proportional response to crime. Beccaria posits that the certainty of punishment, rather than its severity, is more effective in deterring crime. He advocates for a system where laws are clear and widely known, ensuring that individuals can understand the consequences of their actions. This principle underscores the importance of a legal system that is transparent, predictable, and fair, in which punishments are not only just but also necessary and logically connected to the crimes they are meant to deter. One of the most revolutionary aspects of Beccaria's work is his staunch opposition to the death penalty and the use of torture. He argues that the state does not have the right to take lives and that capital punishment is neither a useful deterrent nor morally justifiable. Beccaria's arguments against torture are similarly grounded in logic and humanity, emphasizing the unreliability of confessions obtained under duress and the fundamental rights of individuals to be treated with dignity and fairness. The impact of "Dei delitti e delle pene" on the development of legal thought cannot be overstated. Beccaria's ideas were instrumental in shaping the reforms of the criminal justice systems in various European countries, including the abolition of torture and the death penalty in many jurisdictions. His work also influenced prominent figures of the Enlightenment, such as Voltaire and Montesquieu, and contributed to the development of classical criminology and the modern principles of human rights. Beyond its immediate impact, Beccaria's treatise continues to resonate in contemporary debates on criminal justice reform, the ethics of punishment, and the abolition of the death penalty. His advocacy for proportionality, deterrence, and the humane treatment of offenders remains relevant, reflecting enduring principles of justice and humanity.