论犯罪与刑罚及其他著作
2003-5
中国政法大学出版社
贝卡里亚
177
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This edition of Beccaria s ON Crimes and Punishments and other writings presents a radically new interpretation of his thought. Drawing on recent Italian scholarship, Richard BellanW shows how Beccaria wove together the various political languages of the Enlightment into a novel synthesis, and argues that his political philosophy, often regaMed as no more than a precursor of Benthams, combines republican, contractarian, romantic and liberal as well as utilitarian themes. The result is a complex theory of punishment that derives from a sophisticated analysis of the role of the state and the nature of human motivation in connnercial society. The translation used in this edition is based on the fifth Italian edition and provides English - speaking readers with Beccaria s own ordering of his text for the first time. A number of pieces from his writings on political economy and the history of civilisation which were not previously available in English are also included. Richard Belhmy is Professor of Politics in the School of Economic and Social Studies, University of East Anglia. He has edited Gramsci s Pre - Prison Writings for this series, and his other publications include Modem Italian Social Theory （ Polity Press, 1987）, victorian Liberalism （Routledge, 1990） and Liberalism and Modern Society（Polity Press, 1992）
AcknowledgementsIntroduaionChronologyBiographical glossaryNote on the textBibliographical noteOn Crimes and PunishmentsFrontispieceTo the ReaderIntroduction1The origin of punishment2The right to punish3Consequences4The interpretation of the laws5The obscurity of the laws6The proportion between crimes and punishments7Errors in the measuring of punishments8The classification of crimes9Of honour10Of duels11Public peace12The purpose of punishment13Of witnesses14Evidence and forms of judgement15Secret denunciations16Of torture17Of the exchequer18Of oaths19Of prompt punishments20Violent crimes21The punishment of the nobility22Theft23Public disgrace24Parasites25Banishment and confiscations26Family feeling27Lenience in punishing28The death penalty29Of detention awaiting trial3oTrials and prescriptions31Crimes difficult to prove32Suicide33Smuggling34Of debtors35Asylums36On setting a price on mens heads37Attempted crimes, accomplices and immunity38Leading interrogations, depositions39Of a particular kind of crime40False ideas of utility41How to prevent crimes42The sciences43Magistrates44Public awards45Education46Pardons47ConclusionTo Jean Baptiste dAlembertTo Andre MorelletInaugural LectureReflections on the Barbarousness and theCivilisation of Nations and on the SavageState of ManReflections on Manners and CustomsOn LuxuryIndex
Beccaria wrote his treatise whilst a member of a short-lived group of intellectuals known as the Accademia dei pugni, or Academy of Fisticuffs. This society, which lasted from 1762 to I766, consisted of a small number of young men who regularly met to discuss and study together. Self-consciously modelled on the circle of French philosophes gathered around the Encyclopedie, they were a far less formal association than the numerous other literary societies and academies that abounded in Italy at this time. The name was adopted by Pietro Verri, their prime mover, when he learned that their discussions had the reputation of becoming so heated that they ended up in a fight. Between 1764 and 1766, members of the academy also published the periodical I1 caffe as a means of disseminating their ideas.Although their interests were wide-ranging, their activity was essentially centred on winning over the Austrian rulers of Lombardy to a broad programme of reform and to bringing attention to themselves as potential agents of these changes within the imperial administration. The Habsburgs had held Lombardy since 17o7, but did not begin the process of reform until the end of the War of the Austrian Succession in 1748. The initial impetus in Lom- bardy, as elsewhere, was the need to improve the administration of finances and the economy in order to reduce the massive deficit created by the cost of war. As Beccaria indicated in his inaugural lecture as Professor of Cameral Sciences, the most significant element of the reform programme was the completion of a new land register, the catasto. Begun in the 174os, it was completed by the Florentine official Pompeo Neff in 1757. Outlining his aims in an important report in 175o, which set the agenda for all later reforms, Neri had proposed the abolition of all taxes except for those on land and the removal of all the exemptions allowed to nobles and the Church. The new register also offered an oppor- tunity for redrawing the provincial and district boundaries, a review of the methods employed for the collection of taxes and a reappraisal of customs tariffs.
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尤其是那句为了获取更大的自由而牺牲小部分自由这应该是刑罚真正的目的吧
很不错的一本书，就是影印本没有书本的感觉好
挺好哒，喜欢～
看不懂 好烦躁好烦躁