“Let us content ourselves with praising the work while drawing a veil over its principles”: Eighteenth-century reactions to Beccaria's On Crimes and Punishments

Cesare Beccaria's On Crimes and Punishments, first published in 1764, has often been read as a purely utilitarian work. Beccaria, while certainly not ignoring considerations of utility, was far more interested in considerations of justice than many critics have believed, and he was at least as much a retributivist as a utilitarian.

The misperception of Beccaria grew out of the political controversies surrounding the book during the years following its publication. Beccaria's critics often grasped the rights-oriented and justice-centered aspects of his thought, but they attacked them in the name of tradition or religion. Those who defended Beccaria's retributivist side were few and generally not influential. By far the greatest number of his supporters—Milanese reformers, French philosophes, and Austrian civil servants—stressed the utilitarian side of his book to suit their own purposes. The upshot was that, by the end of the eighteenth century, Beccaria was wrongly perceived as a sort of Benthamite avant la lettre, both by Bentham himself and by the retributivists Kant and Hegel. This misunderstanding of Beccaria has persisted in many quarters, creating a false impression of the criminal justice system advocated by the Lombard reformer.     

INVENTING CRIMINOLOGY: THE “SCIENCE OF MAN” IN CESARE BECCARIA'S DEI DELITTI E DELLE PENE (1764)*

This paper challenges existing images of the context and object of Cesare Beccaria's (1764) Dei delitti e delle pene . It offers textual and other evidence that the chief object of Beccaria's famous treatise was the application to crime and penality not of humanism and legal rationality, as convention holds, but of the Scottish-inspired “science of man.” This latter was a deterministic discourse whose key principles—utilitarianism, probabilism, associationism, and sensationalism—implicitly defy, conventional assumptions about the volitional basis of classical criminology. The paper thus questions Dei delitti's proper place in the history of criminology and, in so doing, casts doubt on the very existence of a distinctive “classical criminology.”     

Godparenthood: driving local solidarity in Northern France in the Early Modern Era. The example of Aubervilliers families in the sixteenth–eighteenth centuries

This article studies the choice of godparents in Aubervilliers, a French catholic rural parish near Paris, during the Early Modern Era. At the turn of the sixteenth century, godparenthood essentially served to extend social ties. Vertical godparenthood was quite visible, at least with regards to ‘elite’ local residents. The shift toward kin godparenthood happened over the long term, with a clear acceleration in the second half of the eighteenth century. A second evolution was the result of the Council of Trent. In the north of France, shifts from the ternary model of godparenthood to the godmother/godfather system at the beginning of the seventeenth century increased the proportion of elites amongst the godparents selected. This would indicate a strengthening of the clientele model of godparenthood in the seventeenth century, as suggested by Alfani's works on Italy. Finally, godparenthood was gender-sensitive. In the sixteenth and seventeenth centuries, godmothers from the maternal side were greater in number than those from the paternal side, while godfathers from the paternal side were greater in number that those from the maternal side. Above all, the sex of the christened child took on a decisive dimension at the time when choices became more family-focused in the eighteenth century. This new consideration of the child's gender would seem to indicate a shift in the concept of the tie created at the time of the baptism. The intergenerational link between godchildren and godparents would take on new significance, in contrast to the relationship between parents and godparents that proved so crucial at the beginning of the Early Modern Era.     

Independence and inter-dependence: Household formation patterns in eighteenth century Kythera,Greece

While earlier hypotheses concerning the household formation patterns of Greek populations were proved mistaken, further hypotheses have been proposed. Though the small number of existing studies prevents us from conclusively describing the household formation patterns in nineteenth century Greece, no studies exist referring to eighteenth century. This paper examines the household formation patterns on eighteenth century Kythera using nominal census and notarial sources. It demonstrates that Kythera did not belong either to the West or to the East, as these were described by Hajnal; neither did its household formation system conform to Laslett's Mediterranean tendency in quotation marks. The widespread prevalence of nuclear households in Kythera disguised the strong economic links between the paternal household and those of his sons. Thus, the residential independence, as demonstrated in the quantitative analysis of the census, contrasts the economic inter-dependence between the paternal and the son's households, as depicted in the qualitative notarial sources.     

The economist and the enlightenment: how Cesare Beccaria changed Western civilization

This Article traces the influence of Cesare Beccaria’s writings on Western civilization. It explores the global impact of Beccaria’s 1764 book, Dei delitti e delle pene, later translated into English as An Essay on Crimes and Punishments. In particular, the Article highlights Beccaria’s advocacy for proportion between crimes and punishments and against the death penalty. The Article gives a short sketch of Beccaria’s life and describes the impact of Beccaria’s book and his legacy in shaping the world’s laws. The Article further describes how Beccaria’s role as an influential eighteenth-century economist has been neglected by some economic historians.     

Temperance and the origins of the new penology

This article discusses the nineteenth century origins of indeterminate sentencing and discretionary penology. Was this idea an offshoot of contemporary positivist criminology, emanating from Europe, or was it a separate development in the United States? It is argued that although European influences were felt, the “new penology” was clearly an American product. However, it did not derive either from new insights in social science, or from simple reforming zeal. Rather, the new penology is seen here as an outgrowth of the contemporaneous temperance movement, which in turn resulted from social and ethnic conflict. The article suggests that the temperance movement was central to the evolution of discretionary penology, and crucial in keeping these ideas alive until the new positivism made itself felt. In summary, the temperance movement is seen as a vital, through understudied, force in the evolution of the twentieth century justice system in the United States.     

Transportation versus Imprisonment in Eighteenth- and Nineteenth-Century Britain: Penal Power, Liberty, and the State

Existing explanations for historical changes in punishment in Britain have tended to examine the replacement of disorderly prisons and public executions with national penitentiaries from the late eighteenth to the mid‐nineteenth century. Despite their significant contributions to our understanding of how punishments operate in a broader social, political, and economic context, these scholarly accounts have narrowed debate on the mechanisms of penal change to the intentions of penal reformers. This analysis extends this time frame and uses historical data to compare the development of the penitentiary in Britain to its primary, yet less studied, penal substitute, the transportation of felons to America and Australia. In doing so, it provides an alternative explanation for the ascendancy of national penitentiaries. I argue that the development of these penal institutions in Britain was historically made possible by two interdependent sets of changes: (1) changes in the structure and administration of the state's penal apparatus (from decentralized to centralized and patrimonial to bureaucratic); and (2) transformations in popular understandings of the state's power to punish in correspondence with the expansion of a broader and more equal definition of citizenship (democratization). In conclusion, I argue for the value of perspectives on punishment that identify the explicit relationships between state organization and social relations in order to clarify how culture inheres in material conditions to influence specific penal outcomes.     

Bequests to widows and their property in early modern England

This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.     

Bequests to widows and their property in early modern England

This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.     

Anthony Hammond: ‘Mr. Surface’ Peel's Persistent Codifier

Throughout the nineteenth century dissatisfaction with the criminal law frequently centred on its disparate and inaccessible state. For many reformers, particularly of a Benthamite persuasion, the route to salvation lay in the direction of the law's codification. This article examines the tenacious efforts of the barrister Anthony Hammond in the 1820s to expand Peel's limited schemes for the consolidation of criminal law statutes into a more radical, wide-ranging codification programme.     

Public Rewards and Innovation Policy: Lessons from the Eighteenth and Early Nineteenth Centuries

There has been renewed interest in recent years in using prizes and rewards to promote innovation. History has played a central role in public debates in the UK about the merits of such interventions, with the Longitude Prize 2014 being self‐consciously modelled on its eighteenth century precursor. Similarly, historical case studies have been used extensively in the scholarly literature in this area. However, it is striking that there has been little engagement with parliament's role generally in rewarding inventors in the eighteenth and early nineteenth centuries and how this formed part of a broader system of rewards. The article explores how this system operated and demonstrates that it formed an established part of the legal landscape for many decades. It considers the extent to which a more complete understanding of the historical use of prizes and rewards during the key period of Britain's industrialisation might inform current debates.     

Cesare Beccaria: Utilitarian or retributivist?

Ever since Cesare Beccaria's On Crimes and Punishments first appeared in 1764, it has been common to regard its author as a theorist of criminal jurisprudence who stressed considerations of utility to the exclusion of considerations of justice. There is strong evidence for this view, and Beccaria was in many ways a forerunner of Bentham. There is, however, another side to Beccaria that has often been overlooked. In the way in which he established the right of the sovereign to punish and in his concern for the rights of the criminal (rights which no consideration of utility could override), Beccaria showed that he was much closer to the outlook commonly associated with Kant and Hegel than one would at first suspect. Though there were utilitarian aspects to his thought, Beccaria may be considered basically a retributivist who incorporated certain obvious, though by no means dominant, utilitarian themes into his work. In blending utilitarianism and retributivism, Beccaria was usually consistent, and he usually gave greater emphasis to the former.     

Shrinks vs. shysters

In 1976, the Pennsylvania legislature passed a new mental health law which was designed to give civil and due process rights to the mentally ill, as well as to speed up the deinstitutionalization process. The psychiatric profession voiced loud disapproval of the new law. The public interest bar entered the issue, opposing the psychiatrists. In 1978, the law was amended, and most of the hard-won patients' rights were lost. This paper analyzes the reasons behind the psychiatric demand and victory, as well as the reasons for the lawyer's unsuccessful opposition, using two similar battles, one fought in the British Parliament in the eighteenth century, and one in the California legislature in the early twentieth century. Conclusions are drawn concerning the reason for the legislative “turnabout,” and predictions concerning the course of future battles are made.     

From Empire to Law: Customs Collection in the American Founding

This essay investigates the eighteenth‐century origins of the federal administrative state through the prism of customs collection. Until recently, historians and legal scholars have not closely studied collection operations in the early federal custom houses. Gautham Rao's National Duties: Custom Houses and the Making of the American State (2016) offers the most important and thoroughly documented historical analysis to date. Joining a growing historical literature that explains the early development of the US federal political system with reference to imperial models and precedents, Rao shows that the seductive power of commerce over the state within eighteenth‐century imperial praxis required the early federal customs officials to “negotiate” their authority with the mercantile community. A paradigm of accommodation dominated American customs collection well into the nineteenth century until Jacksonian centralizers finally began to dismantle it in the 1830s. The book brings welcome light to a long‐neglected topic in American history. It offers a nuanced, historiographically attentive interpretation that rests on a broad archival source base. It should command the sustained attention of legal, social, economic, and constitutional historians for it holds the potential to change the way historians think about early federal administration. This essay investigates one of the central questions raised in National Duties : How were the early American custom houses able to successfully administer a comprehensive program of customs duties when their imperial predecessors had proved unable to collect even narrowly tailored ones? Focusing on the Federalist period (1789–1800), I develop an answer that complements Rao's, highlighting administrative change over continuity and finding special significance in the establishment of the first federal judicial system.     

To punish,treat, or pardon: French society and the enuretic child in the nineteenth and twentieth centuries

Since the eighteenth century, increasing attention has focused on the physical and moral capabilities of young children. In defining the stages of life, childhood specialists used toilet training at variously determined ages as a sign of an infant's normality. As a social problem as well as a medical symptom, childhood enuresis (bed-wetting) often implied rejection phenomena within families and institutions and provided childhood specialists with a field of research and experimentation. The violence of certain interventions was a response to families' anxieties. Over time, however, intervention has become much less direct as a result of the influence of psychological interpretations of the problem and as interpretations of the symptoms have shifted away from various biological hypotheses.     

‘Women in Church,Men at the Public House’: religious experience in Romanian society, 1700–1830

This study analyzes religious practices in the Romanian lands in the long eighteenth century. Research for it was based on a series of largely unpublished archival documents which illustrate ordinary people's attitudes to faith, magic, superstition and the church. In periods of instability and insecurity, quite understandably, as daily worries become more acute, faith and religion step in to offer spiritual comfort. This study looks at spiritual practices in the Romanian old regime and explores the ways in which women and men used them as focal points for building sociability and solidarity networks.     

Sentimental Frauds

The 2006 class action against James Frey, concerning his fabrications in A Million Little Pieces, was the first suit of its kind in the United States. There is nothing new about false memoirs, so what can explain the lawsuit? When the book was promoted on “Oprah's Book Club,” viewers were invited to respond emotionally, and saw their responses as a form of testimony. Those responses produced a sense of betrayal and inauthenticity when Frey's falsehoods were revealed. This view finds support in the eighteenth‐century sentimental novel, which similarly linked readers' reactions to the author's emotional authenticity. Fraud was an ongoing concern for sentimental novelists, some of whom used elaborate editorial to ploys to disavow responsibility for the text, while others populated their novels with fraudulent characters, intended as foils for the protagonist. An investigation of these novels helps to reveal the implications of the Frey case for future claims of literary fraud.     

‘More Equitable than the Judgment of the Justices of the Peace’: The King's Bench and the Poor Law 1630–1800

Orders issued by justices operating the poor law in seventeenth and eighteenth century England – orders for removing paupers, orders for the maintenance of bastard children, orders adjudicating poor rate appeals – generated vast quantities of litigation. Most of that litigation was by way of appeal to Quarter Sessions; but a small number of cases went further, to the King's Bench, by way of certiorari. This account examines this litigation phenomenon from several vantage points: from the perspective of the King's Bench (which innovated procedures to regulate certiorari, and which expanded its means of reviewing legal error through the development of the special case); from the perspective of Parliament (which was required to respond to demands by justices that the process be abolished); and from the perspective of contemporary commentators (who were critical of the money wasted by parishes litigating in the King's Bench).