Beccaria Ch 1-10
What does Beccaria say we must sacrifice in order to enjoy communal security and calm? (Ch 1)
Limited personal freedoms.
When does Beccaria say a man can be considered guilty? (Ch 16)
Fill in the blanks:
Beccaria states that "[i]t is better to ______ crimes than to _____ them." (Ch 41)
prevent; punish
Kant's essay is a doctrine of ________.
Perpetual Peace
How does Kant define hospitality (105)?
Kant states that "hospitality means the right of a stranger not to be treated with hostility when he arrives on someone else's territory" (105).
Why does Beccaria state that we should follow the letter of the law rather than the spirit of the law? (Ch 4).
So that judges cannot be swayed by their feelings relative to the case.
What does Beccaria say is the purpose of punishment? (Ch 12)
To prevent crime by making "the most efficacious and lasting impression on the minds of men with the least torment to the body of the condemned" (31).
What government does Beccaria compare families to? (Ch 26)
Monarchy
Kant criticizes a form of democracy known as "direct democracy." What is his major critique of this form of government? (123)
They do not have a system of representation, i.e., they are controlled by a single ruler.
What tool does Kant say nature uses to move people to every corner of the earth?
War.
Who does Beccaria believe should be able to interpret laws? (Ch 5)
Everyone.
What are three methods that Beccaria outlines to maintain public peace? (Ch 11)
1. Street lighting at public expense
2. Sober and moral sermons
3. Visible police force
Why does Beccaria state that the death penalty is "neither necessary nor useful" (66)? (Ch 28)
Because to jail a man forever provides a more lasting and visible deterrent to crime. People will forget about the man who died for his crimes, but will always see the man who is jailed.
According to Kant, this is the type of government best suited to peaceful relations.
What is Republican?
Provide one example that Kant uses to show that a maxim can be revealed as just or unjust if it is made public (125~).
The injustice of rebellion (126-127)
False international promises (127-128)
International warfare (128)
Conquering smaller states (128)
What does Beccaria list as the true measure of crime? (Ch 8)
"harm to society"
Why does Beccaria say it is better to have more witnesses and more evidence? (Ch 13-14)
To increase the credibility of all witnesses and evidence.
What does Beccaria cite as the value of public awards? What is a modern example of such an award? (Ch 44)
To prevent crime and reward virtue so that people will want to be good.
Kant outlines the maxims of cynical despotism, what are they? (120)
Fac et excuse (Act now, justify later)
Si fecisti, nega (If you committed the crime, deny it)
Divide et impera (Divide and rule/conquer)
What issue does Kant raise with "peace treaties" as opposed to his "perpetual peace" (104)?
Peace treaties are temporary — "a peace treaty may put an end to the current war, but not to that general warlike condition within which pretexts can always be found for a new war"
What is the greatest crime according to Beccaria? (Ch 6)
Actions which "spell the immediate destruction of society" (20).
What issue(s) does Beccaria raise with torture? (Ch 16)
That it gets false confessions. That it favors strong, guilty men and disfavors weak, innocent men. That it is an act of infamy in response to infamy.
What are three things that Beccaria states will help prevent crimes other than punishment? (Ch 41-46)
Education, scientific thought (reason), clemency (pardons), public awards, more judges.
What are Kant's 3 principles of a Republican constitution?
1. Freedom for all members of a society
2. Dependence of everyone on a single common legislation
3. Legal equality for everyone
Which 3 of his initial 6 articles does Kant argue should be enacted immediately (97)?
1. 'No conclusion of peace shall be considered valid as such if it was made with a secret reservation of the material for a future war.'
5. 'No state shall forcibly interfere in the constitution and government of another state.'
6. 'No state at war with another shall permit such acts of hostility as would make mutual confidence impossible during a future time of peace.