If the same punishment is prescribed for two crimes that injure society in different degrees, then men will face no stronger deterrent from committing the greater crime if they find it in their advantage to do so.
Cesare BeccariaRead
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.
Interpretation
What this quote means
Judges must apply the law logically to each case to ensure fair decisions, avoiding uncertainty.
Cesare Beccaria's quote emphasizes the importance of a logical framework in judicial decision-making. He argues that judges must adhere strictly to a logical syllogism where the general law is the major premise, the specific action is the minor premise, and the judgment as the conclusion. This structured approach ensures certainty in the legal process, as any deviation could lead to arbitrary decisions and undermine the rule of law.
Themes
LawJusticeJudgeSyllogismCertainty
In practice
Example use cases
In a legal seminar discussing the foundations of justice, this quote can be used to illustrate the importance of logic in judgment.
More from Cesare Beccaria
All quotes →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.
Cesare BeccariaRead
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.
Cesare BeccariaRead
No man ever freely surrendered a portion of his own liberty for the sake of the public good; such a chimera appears only in fiction. If it were possible, we would each prefer that the pacts binding others did not bind us; every man sees himself as the centre of all the world's affairs.
Cesare BeccariaRead
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.
Cesare BeccariaRead
The lawgiver ought to be gentle, lenient and humane. The lawgiver ought to be a skilled architect who raises his building on the foundation of self-love, and the interest of all ought to be the product of the interests of each.
Cesare BeccariaRead
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