About this episode
Before the 18th-century, European criminal law was unpredictable, repressive, and punitive. Judges had an abundance of discretionary power, and harsh punishments were doled out inconsistently. Cesare Beccaria, in his famous essay On Crimes and Punishment articulated a system of law based upon deterring crimes and using punishment only when it was necessary to detain current criminals and deter future offenders. To this end, he was against the death penalty, which he believed was counter-productive and barbaric. Following its publication in 1764, On Crimes and Punishments became not only popular reading, but also a catalyst for reform in Europe, Russia, and America.
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