THE PUNISHMENT OF CRIMINALS. 543 



About 1770 there appeared in Italy the celebrated work by 

 Becearia, "Crimes and Punishments" (Dei Deletti e delle Penej. 

 Bearing in mind the state of the Criminal Law in Italy and 

 throughout the Continent of Europe at the time of its publication, 

 it is a marvel of advanced thought and high courage as well as 

 of great literary ability. Its effect was remarkable, es])ecially in 

 Russia, France, Austria, and Enj^land — it gave the deathblow to 

 the horrible torturing of prisoners then in full practice in most, if 

 not all, the countries mentioned except England. Torture had 

 previously been abolished in England, except in one particular. 

 If a prisoner remained silent, or refused to plead to an indictment, 

 he was squeezed nearly to death with an iron weight. This practice 

 continued until 1771. 



Beccaria's writings produced an especially powerful effect on 

 the mind of Catherine II. of Russia. 8he determined to try and 

 establish a uniform penal code founded on the ideas he had formu- 

 lated. She caused 652 deputies to be summoned to Moscow from 

 all the provinces of Russia, and the translator of Beccaria's work 

 remarks that the assemblage formed the nearest approach to a, 

 Russian Parliament disclosed in the history of that country. The 

 following were some of the instructions that were read to this 

 assembly as a basis for the proposed codification of the laws, and 

 they will serve to show the general tenor of Beccaria's theories : — 



" Laws should only be considered as a means of conducting 

 mankind to the greatest happiness." 



" It is incomparably better to prevent crimes than to punish 

 them." 



" The aim of punishment is not to torment sensitive beings." 



" All punishment is unjust that is unnecessary to the main- 

 tenance of public safety." 



" In the methods of trial the rise of torture is contrary to sound 

 reason. Humanity cries out against the practice, and insists on 

 its abolition." 



" Judgment must be nothing but the precise text of the law, 

 and the office of the Judge is only to pronounce whether the 

 action is contrary or conformable to it." 



" In the ordinary state of society the death of a citizen is neither 

 useful nor necessary." 



" Would you prevent crimes ? Contrive that the laws favor less 

 different orders of citizens than each citizen in particular. Let 

 men fear the laws, and nothing but the laws. Would you prevent 

 crimes ? Provide that reason and knowledge be more and more 

 diffused. The surest but most difficult method of making men 

 better is by perfecting education." 



Beccario was a very strenuous advocate for the abolition of capital 

 jjunishment. Shortly summarising his argument, it is as follows : — 



The death penalty is a war of a nation against one of its mem- 

 bers because his annihilation is deemed necessary and expedient. 



