Cesare Beccaria

“The severity of punishments ought to be relative to the state of the nation itself. Stronger and more easily felt impressions have to be made on a people only just out of the savage state. A lightning strike is needed to stop a fierce lion who is provoked by a gunshot.”

“Nothing could be more dangerous than following the popular maxim whereby it is the spirit of the law that must be consulted. This is an embankment that, once broken, gives way to a torrent of opinions.”

“No man can be judged a criminal until he is found guilty; nor can society take from him the public protection until it has been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorize the punishment of a citizen so long as there remains any doubt of his guilt?”

“Men's most superficial feelings lead them to prefer cruel laws. Nevertheless, when they are subjected to them themselves, it is in each man's interest that they be moderate, because the fear of being injured is greater than the desire to injure.”

“Easy, simple and great laws, which await nothing but a sign from the lawgiver to spread prosperity and vigour throughout the nation, laws which would earn him immortal hymns of gratitude down the generations, are those which are least considered or least wanted.”

“To the extent that human spirits are made gentle by the social state, sensibility increases; as it increases, the severity of punishment must diminish if one wishes to maintain a constant relation between object and feeling.”

“Philosophers see no harm in the Jesuits other than in their effect on humanity and the sciences. The vulgar and especially the prejudiced only hate them from an envy and jealousy born out of conspiracy and intrigue at an organisation which overshadows them.”

“In order that punishment should not be an act of violence perpetrated by one or many upon a private citizen, it is essential that it should be public, speedy, necessary, the minimum possible in the given circumstances, proportionate to the crime, and determined by the law.”

“I myself owe everything to French books. They developed in my soul the sentiments of humanity which had been stifled by eight years of fanatical and servile education.”

“In every human society, there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort and to diffuse their influence universally and equally.”

“It is impossible to anticipate all of the misdeeds engendered by the universal conflict of human passions. They multiply at a compound rate with the growth in population and the interlacing of particular interests that cannot be directed with geometrical precision towards the public utility.”

“By 'justice', I understand nothing more than that bond which is necessary to keep the interest of individuals united, without which men would return to their original state of barbarity. All punishments which exceed the necessity of preserving this bond are, in their nature, unjust.”

“The laws receive their force and authority from an oath of fidelity, either tacit or expressed, which living subjects have sworn to their sovereign, in order to restrain the intestine fermentation of the private interest of individuals.”

“If there were an exact and universal scale of punishments and crimes, we would have a fairly reliable and shared instrument to measure the degree of tyranny and liberty, of the basic humanity or malice of the different nations.”

“For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.”

“To show men that crimes can be pardoned, and that punishment is not their inevitable consequence, encourages the illusion of impunity and induces the belief that, since there are pardons, those sentences which are not pardoned are violent acts of force rather than the products of justice.”

“If someone were to say that life at hard labor is as painful as death and therefore equally cruel, I should reply that, taking all the unhappy moments of perpetual slavery together, it is perhaps even more painful, but these moments are spread out over a lifetime, and capital punishment exercises all its power in an instant.”

“For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.”

“Our knowledge and all of our ideas are mutually connected; the more complicated they are, the more numerous must be the roads that lead to them and depart from them.”

“It is a considerable point in all good legislation to determine exactly the credibility of witnesses and the proofs of a crime. Every reasonable man, everyone, that is, whose ideas have a certain interconnection and whose feelings accord with those of other men, may be a witness. The true measure of his credibility is nothing other than his interest in telling or not telling the truth; for this reason it is frivolous to insist that women are too weak [to be good witnesses], childish to insist that civil death in a condemned man has the same effects as a real death, and meaningless to insist on the infamy of the infamous, when they have no interest in lying.”