Against the Death Penalty: Writings from the First Abolitionists—Giuseppe Pelli and Cesare Beccaria ed. by Peter Garnsey

2021 ◽  
Vol 55 (1) ◽  
pp. 116-118
Author(s):  
Germano Maifreda
Author(s):  
Giuseppe Pelli

This introductory chapter explores the two large collections of documents acquired from the archives of the Pelli-Fabbroni family in 1968–1969: the draft of an unfinished dissertation Against the Death Penalty and its first edition, produced by Philippe Audegean, with a substantial introduction to the text and its contents, in Italian and in French. It discusses Giuseppe Bencivenni Pelli's (1729–1808) career within the Austrian Habsburg administration in the Grand Duchy of Tuscany, his most prominent post, and the one that gave him the greatest satisfaction: the director of the Uffizi Gallery. This chapter discusses Pelli's first systematic attack on the death penalty in history. It also highlights the enormous diary that he compiled, Efemeridi, over almost half a century, from 1759. The chapter then takes a look at another member of the minor nobility, but of Milan, who worked for the Austrian administration in Lombardy, Cesare Beccaria Bonesana (1738–94). It investigates Bonesana's publication of On Crimes and Punishments in July 1764. Before the discovery of Pelli's work, it was assumed that Beccaria's work contained the first serious attack on the death penalty. Pelli targeted the death penalty exclusively, whereas Beccaria's work was an attack on the whole system of criminal law operating in his time.


Author(s):  
Giuseppe Pelli

This chapter presents select excerpts from Cesare Beccaria Bonesana's On Crimes and Punishments. It examines whether the death penalty really is useful and just in a government that is well administered. The chapter argues that the death penalty is for most people a spectacle, and for some an object of compassion blended with disdain. These are the two sentiments that take hold of the minds of spectators, rather than the salutary terror that the law claims to inspire. The chapter then takes a look at Beccaria, Gallarati Scotti and Risi's opinion Against the Death Penalty. It discusses the drafting of the new penal code — The Criminal Law Committee. Ultimately, it infers that the death penalty is inappropriate because it is irreversible; we bear in mind the inevitable imperfection of human judgements. Even if the death were a just penalty, even if it were the most efficacious of all punishments, in order for it to be justly applied to a particular criminal, it would be necessary that he be proven to be guilty in such a way that the possibility of the contrary is excluded.


Author(s):  
Giuseppe Pelli

This chapter analyzes the texts and fragments of Giuseppe Pelli's dissertation on the death penalty. It discusses various meanings given to the word punishment which have created a great deal of misunderstanding. The chapter defines the term with precision and at the same time takes issue with the definitions proposed by Hugo Grotius and others. Punishment taken in a general sense may be divided into conventional and civil. Conventional punishment arises from the pact and is that which everyone signs up to spontaneously, while civil punishment is understood as that imposed by positive law, 'conventional' as that to which one submits of one's own volition. It also demonstrates three ends of punishment: reform, satisfaction and example, with regard to the death penalty. Ultimately, the chapter presents the lengthy discussions of the two Cocceji, father and son, on the punishment of Talion and the distinct writing of Giuseppe Pelli and Cesare Beccaria about the death penalty.


Author(s):  
Konstantin Vasilkov ◽  
Victor Udovichenko

The authors analyze two fundamental directions of the teaching of the great italian lawyer C. Beccaria in the context of humanizing the process of proving the guilt of a criminal in relation to the use of unacceptable methods of criminal justice. At the same time, an assessment of the practice and necessity of applying the death penalty as the most severe punishment is given in a similar way. It is concluded that these areas of teaching of C. Beccaria formed the foundation of the classical school of criminal law and are represented in modern criminal legislation.


1988 ◽  
Vol 33 (2) ◽  
pp. 175-175
Author(s):  
No authorship indicated
Keyword(s):  

1988 ◽  
Vol 33 (7) ◽  
pp. 573-575
Author(s):  
Hugo Adam Bedau
Keyword(s):  

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