Books

First edition of the first substantial criticism of Beccaria's Dei delitti e delle pene (1764), published only a year before. With deep implications for philosophy, politics, and economics, Facchinei's book contains one of the earliest instances of the term "socialist" in print (the first in Italian) and an early reference to the concept of the "invisible hand". Facchinei (b.1725) was a Benedictine monk based in Venice. His Note ed osservazioni ("Notes and Observations") was "a desperate and extreme defence of the traditional world" (Venturi, quoted in Reinert, p. 139), in which the author attacks the tendency in Beccaria's political thought to exclude religious considerations. The book is the most radical rejection of the jurist's ideas, including those relating to capital punishment and torture, contract theory, political freedom, and egalitarianism. Facchinei takes issue with what he describes as "socialist" views (first on page 9 and again later): the call for a world-wide secular and democratic revolution based on the idea that there could exist a perfect society generated from the consent of truly free men. Rousseau's Social Contract was, Facchinei believed, the germ of such "socialism", a belief he judged to be disproved by historical records. What history teaches us, Facchinei observes, is that the rise and fall of powers has been determined by the law of force, prevailing "by such circumstances and combinations that one can discern in this process (judging justly) the work and contribution of an invisible, yet very powerful hand" (Reinert, p. 140). Facchinei's work was in turn criticized by Pietro and Alessandro Verri, who defended Beccaria in their Risposta (1765), and by many others afterwards. Reinert notes that "history has not been kind to Facchinei, who complained late in life of having been 'hated and defamed', not to mention forced into 'silence, slandered and oppressed' for his Notes and Observations" (p. 136). This copy contains some marginal annotations by a contemporary Italian reader who systematically disagrees with the contents, attesting to the popularity of Beccaria and confirming the backlash Facchinei received. His ownership inscription on the title page reads "Di Federici", perhaps indicating that "Federico" was his name, but otherwise his identity remains elusive. The comments are between pages 86 and 122, in which Facchinei argues in favour of the death penalty. In a few instances, the reader insults Facchinei: for example, at page 96, he writes "Taci, ignorante" ("Shut up, you ignoramus"), and, at page 119, "Questa � una filosofia da sciocchi" ("This is a philosophy for fools"). Other comments are more elaborate, expressing agreement with Beccaria: for example, at page 122, he states that the death penalty "is not useful, not fair. He who condemns someone to death in cold blood, without any personal gain, is more guilty, more condemnable, than someone who killed his enemy out of hatred". Melzi II, p. 239; not in Einaudi. Sophus A. Reinert, "Enlightenment socialism. Cesare Beccaria and His Critics", in B�la Kapossy, Isaac Nakhimovsky, and Richard Whatmore, eds, Commerce and Peace in the Enlightenment, 2017. Octavo (199 x 134 mm). Original carta rustica, traces of manuscript paper label on spine, edges untrimmed. Elaborate woodcut head- and tailpieces. Edges rubbed, a little loss to binding at spine ends exposing gatherings underneath, some spotting, small stain, and pencil marks on covers, couple of small ink smudges in margin of title page, paper flaw to upper margin of leaves E8-F1 causing small hole, gathering G a little loose, occasional faint finger mark or minor spot to contents, else bright and clean. A very good copy.

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.