SOC 306 Chapter Notes - Chapter 6: Cesare Beccaria, Crime Prevention, Social Contract
Document Summary
Social contract theory: give up part of freedom to have benefit of collective living. Laws should be at minimum: not everyone had to be equal in wealth though. Spirit of law book advertised 3 separate gov branches: rejected abuse and torture, enlightenment period started classical school, theorists, cesare beccaria, rejected arbitrary treating in law and torture, of crime and punishments. Suggested it may have been a diff author who used a front. Suggested process of how criminal law should work along with trials. Less death penalty: did not yield results in getting rid of judicial discretion bc it was seen as, problems attack of common law. Beccaria used as foundation for revolutionary code in 1791: punishment level with nature of offense, problem is that not all criminals are equal and some deserve worse treatment due to previous crimes, age, mental illness. Social change can happen without need for revolution: theological, evil is due to unknown forces, metaphysical.
