Imágenes de páginas
PDF
EPUB

the hopes of peoples that were worn out with despair, and leaving his successors a legacy, which, despite the numerous borrowings from it of several generations, still possesses valuable treasures. In the case of Romilly—that true and saintly soul, that man of noble disinterestedness and self-abnegation, of unsullied purity and scrupulous rectitude, that man of Promethean courage "animated by an ardent love for his fellow-creatures—we shall see those ideas and projects brought before a legislature; we shall see him advocating them with ceaseless energy and untiring perseverance, and eloquently pleading the cause of reason and humanity; we shall see the adventures encountered by those ideas and projects in the presence of the legislature which, confronted with innovations that were deemed contrary to ancestral wisdom, showed itself now timorous, now obstinate, now panicstricken, now furiously hostile. It will be perceived, then, that these three men, chosen as representative protagonists in the movement, are closely related to each other by a connecting link, which is not merely historical, but clearly doctrinal, organic. Indeed, Bentham explicitly proclaimed his indebtedness to Beccaria, and Romilly similarly acknowledged his to both Beccaria and Bentham. Now, they were all three—and this is another point of affinity —in touch with France, and with the French philosophical and political movement—they were all three indebted to the doctrines of French thinkers of the time. Accordingly something is said here of men such as Montesquieu and Voltaire, Helvétius, Diderot, and some of the other Encyclopaedists, in order to show the kinship that was so frequently avowed. There is no need to explain the method of arrangement and of exposition adopted in this book. A reference to the analytical contents, and a glance at the book itself, will perhaps indicate it satisfactorily. The writer may say, however, that he has endeavoured throughout to express himself with brevity and precision, to avoid sketchiness and irrelevant details, and to harmonise the various parts of the work so as to give due emphasis to each, and bring out the significance of the whole.

COLEMAN PHILLIPSON. [NotE.—It is well to add that the whole book, including even the preface,

was completed in July, 1914; but its publication was delayed owing to the war and to other causes.—University of Adelaide, June 1, 1923.]

[graphic]
[ocr errors][merged small][merged small][merged small][merged small]

CHAPTER II.-Nature of the Age in which Beccaria lived. Formative influences

on him.

The seventeenth and eighteenth centuries in Europe; in Italy .
* Conditions as to criminal law and administration - -
(Prevalence of torture -
|Despair of reform
French influence .
Montesquieu . - - - - - - -
The Encyclopædists—their object, work and influence
The Encyclopædists and criminal law - -
Voltaire—relation to Beccaria
Jo-

CHAPTER III.-Analysis of Beccaria's "Dei Delitti.”

(i) Measure of crimes and punishments . - - -
Sanctions . - - - - - - - -
Motives - - - - - - - - -
Certainty of the law - - - - - - -
Intention and consequence . - - - - -
Object of punishment . - - - - - -
Proportion of punishment to offence - - - -
(ii) Certainty of punishment—pardon
Promptness . - -
Place of punishment - - -
Principle of prescription. - - - -
(iii) Nature and division of crimes, and relative punishments -
High treason - - - - - - -
Offences against honour .
Offences against property -
Offences against public peace .
Suicide—infanticide.

[ocr errors]
[ocr errors]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][ocr errors]
« AnteriorContinuar »