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Penal Law

Penal Law. Eighteenth Century – Europe (Group 1). The Enlightenment. Natural law and rationalist thinking  the Enlightenment Legal philosophy Codifications and reforms Absolute monarchies. Obsolete criminal law. Corrupt courts. Brutal punishments. . A good penal law is…

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Penal Law

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  1. Penal Law

    Eighteenth Century – Europe (Group 1)
  2. The Enlightenment Natural law and rationalist thinking  the Enlightenment Legal philosophy Codifications and reforms Absolute monarchies. Obsolete criminal law. Corrupt courts. Brutal punishments.
  3. A good penal law is… Easy to access and understand Predictable Rational and efficent Treating peopleequal Proportional (crimes-punishments) Protecting the rightsof the citizen French Declaration of Rights (1789). No retroactivepunishments. A crime must protectindividual or society.
  4. Whyshallsocietypunishcriminals? General preventiveperspective What sort ofpunishmentsshould be used? Prisonsinsteadofcorporalpunishments, public humiliation and deathpenalty.

  5. Who was CesareBeccaria?

    CesareBonesana, Marquis de Beccaria 1738- 1794 Aristocrat and philosopher from Milan The Verri brothers
  6. What did he publish? Dei delitti e delle pene (Of crime and punishment), 1764 One of the most influential essays on criminal law of all time A systematic analysis of the judicial system Created a catalog of legal principles on criminal law
  7. What did he do? Extensive critique of the criminal system ”The greatest happiness for the greatest number of people” - Utilarian The Social Contract Death penalty and torture Crime prevention Efficiency of punishment – proportionate to crime The arbitrariness in interpretation of law
  8. What was his influence on the 19th century? Immediate effect on the criminal law of his time Acknowledged by other philosophers; Voltaire, Filangieri and Bentham Benjamin Franklin and Thomas Jefferson Influenced monarchs Catherine II of Russia Joseph II of Austria Frederick the Great of Prussia Gustaf III of Sweden Louis XVI / The Declaration of the Rights of Man Still relevant?
  9. Who was John Howard? (1726 - 1790) Philanthropist, social reformer The opposite of a philosopher/intellectual A realist – more concerned with people, rather than ideas Willing to go against public opinion and established ways of doing things
  10. What did he do? 1773: becomes Sheriff of Bedfordshire Eye-opener: enabled the English people to see the inside of their prisons He sought to find the best methods of treating plague He persuaded the House of Commons to enact two parliamentary acts (1774): one abolished the jailers’ fees, the other improved the prisoner’s health Dedicated his late maturity and fortune to the prison investigation, making a tour of the European and Russian prisons (1775 onwards) Advocated for clean, healthy accommodation with the provision of adequate clothing and linen; separation of prisoners according to sex, age and nature of offence; proper healthcare He introduced the notion of labour in prison in order to combat the sin of idleness
  11. What did he publish? ‘The State Of The Prisons In England And Wales: With Preliminary Observations, And An Account Of Some Foreign Prisons And Hospitals’ 1777 Plain, straightforward, contains no philosophy, aimed at the general public Powerful writing: received general acceptance because of its genuineness: an accumulation of facts and personal observations ‘An Account of the Principal Lazarettos in Europe’ 1789 Contains personal observations and depressing descriptions following his visits to pest houses.
  12. What was his influence on the 19th century? He shaped the public opinion His work led to the initiation of new criminological and clinical research He inspired the development of prisoners’ aid societies around the world, most of them bearing his name Although his recommendations were simple and effective they were not implemented before late nineteenth century ‘I do not regret the loss of many conveniences of life but bless God who has inclined my mind to such a scheme’ 1785
  13. WhowasGaetano Filangieri? Born in 1753, died in 1788 Educated man Realized laws mold and govern society and started studying and comparing laws of different times and countries Good legislation was the key to human happiness
  14. What did he publish? Published among others: Il MuseoArtistico-Industriale in Napoli: Relazione di Gaetano Filangieri Principe di Satriano con unaministeriale e lo statuto Di unatesta di cavallo in bronzogià di casa Maddaloni in Via Sedile di Niloora al MuseoNazionale di Napoli Mastro Giovanni Normandoagonistaedarchitetto
  15. What did he do? Scienzadellalegislazione, consists of seven books Criminal laws in book three Procedural law: in favour of the English system Substantive law: problems of crimes and punishments
  16. What is his influence on the 19th century? The French Revolution was led by his ideas Huge reduction of capital punishment in Western Europe Transportation of criminals to underpopulated colonies
  17. Conclusion A new waveoflegislation in Europe. Considerablechanges in the criminallaw. Enligthenedmonarchs. Howard: Influenced the prisonsof the 19th century. Beccaria: Influencedcriminallaw in general, wroteoneof the mostinfluental essays on criminallawof all time. Filangieri: Transportationofcriminals to penal colonies, reductionofdeathpenaltiesin Europe.
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