Open AccessMoral Foundations of Cesare Beccaria’s Doctrine on Crimes and Punishments
Author(s) -
Александр Анатольевич Егоров
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.160.3.090-104
Subject(s) - doctrine , law , punishment (psychology) , criminal law , legal doctrine , torture , harm , context (archaeology) , morality , sociology , humanism , political science , criminology , psychology , human rights , history , social psychology , archaeology
The paper is devoted to the moral aspect of the criminal law doctrine created by the outstanding Italian thinker, publicist, jurist and public figure Cesare Beccaria. Investigating the background of the origin of the moral foundations of law, the author turns to the very origins, the so-called mononorms, which had a syncretic character and combined moral, religious, legal and other protective and regulatory principles. The processes of labor division and the complexity of forms of social life led to the separation of moral regulation based on tradition from the actual legal tools. In the context of the views of Western and domestic thinkers, a number of doctrinal approaches to determining the relationship between morality and law are studied, resulting in the conclusion that these social regulators should be considered in close relationship, since they have common roots, perform one-order functions and in each case regulate the behavior of a particular individual. The general questions of the origin of punishments, their proportionality with illegal acts, the urgency of the application of punishment, the purpose of punishments, as well as the reasons for their appointment are examined within the framework of political and legal views of Cesare Beccaria. The moral aspect of punishments such as monetary fines, dishonor, banishment and confiscation, and the death penalty are considered separately, and the humanistic principles of preventive measures such as torture and detention are revealed. In the context of the doctrine of Cesare Beccaria on crimes, the author examines the features of harm that the criminal causes to the nation, as the basis for the classification of an act as a crime. The author focuses on the gradation of crimes into breach of public interest and encroachment on personal and material benefits of individuals. Crimes against public peace and smuggling are investigated in the context of breach of public interests. Within the framework of crimes against the interests of individuals, the author analyzes duels, as well as the moral aspect of establishing legal responsibility for suicide. In conclusion, the author considers the attitude of Cesare Beccaria to the issue of crime prevention.