Thesis (M.A.). / Written for the Dept. of Italian. Title from title page of PDF (viewed 2008/08/04). Includes bibliographical references.

Thèse de doctorat : Histoire moderne : Nancy 2 : 2005. / Bibliographie.

The purpose of the thesis is twofold. The first objective is to illustrate the philosophy of Cesare Beccaria through the study of his articles on II caffe and his major work On crimes and punishments. The author presents a conceptual and practical solution to two problems: the administration of justice and the foundation of law. The second objective of the thesis is to retrace the steps of the international spread of his thought in France and the Anglo-Saxon world: France is only concerned with the administration of justice; England is responsive to both the concepts of the Italian scholar through William Blackstone (justice) and Jeremy Bentham (law). Bentham finds in the theory of the social contract of Beccaria the principle of Utilitarianism, a social philosophy that he will develop. The Founding Fathers of the United States will be sensitive to both aspects of the thought of the Milanese author, directly and through Blackstone's and Bentham's works.

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While the concept of deterrence has been applied to punishment in America’s criminal justice system, the empirical data is mixed on whether is effectively deters crime. This lack of consensus may be a result of missing elements from deterrence theory; namely, that punishment is often neither swift nor certain. Similar to the criminal justice system, professional sports leagues aim to control behavior of athletes by having guidelines that, when violated, result in punishment. However, these punishments are delivered much quicker and there is a higher level of certainty. The current study examines specific deterrence in the National Basketball Association by using longitudinal data of fines and suspension from the 2000-2001 season to the 2015-2016 season to test whether punishment that is swift and certain can deter rule-breaking behavior. Results from the study showed no deterrent effect when deterrence was analyzed by punishment type (suspension or fine) and severity of punishment.

This thesis explores mass incarceration in the United States as an outcome of the evolution of liberal penal theory over the last two centuries. The first chapter analyzes the work of the 18th century Italian legal theorist Cesare Beccaria. Within the context of the thesis, the exploration of Beccaria’s work serves to describe many of the foundational principles and assumptions that arose out of liberal criminal theory in this period. This chapter demonstrates that in the minds of early liberal criminal theorists, such as Beccaria, the role of a justice system was not to merely punish those who break the law, but also to reform those found to have broken the law into productive members of society. The second chapter jumps ahead almost 100 years to the beginning of the International Penitentiary Commission (IPC). This chapter demonstrates that the IPC was influential in entrenching incarceration as a foundational element in the liberal penal system, which the IPC was attempting to popularize and promulgate. The final chapter follows the evolution of liberal penal theory in the United States following the Second World War. During this period, economists and neoliberal legal theorists, such as Milton Friedman, Gary Becker, and Richard Posner, dramatically altered the liberal consensus on crime and punishment. Whereas earlier liberal writers viewed the role of criminal punishment as a means of reforming prisoners into useful citizens, neoliberal criminal reformers theorized that it would be more efficient to view crime and criminal punishment as an economic problem, to be solved with the same tools that liberal economists used to examine the market economy. Instead of focusing on reforming the criminal, these theorists posited that the most effective way to decrease crime was to modify the criminal incentive structure. Overall, this thesis follows the evolution of liberal penal theory in the United States and will demonstrate that what began as a noble attempt to create a more humane and just penal system, focused on the reformation of the prisoner, became a behemoth of an institution that grew to an extraordinary level in an attempt to crackdown on crime. It will be argued that what was lost in this evolution of liberal criminal theory was the importance of social and economic context in the creation of criminal behaviour. / Graduate / 2019-09-11

Made available in DSpace on 2014-06-12T17:21:27Z (GMT). No. of bitstreams: 2 arquivo5597_1.pdf: 1171762 bytes, checksum: 052b3944fdab871266f760b5bdb12196 (MD5) license.txt: 1748 bytes, checksum: 8a4605be74aa9ea9d79846c1fba20a33 (MD5) Previous issue date: 2003 / A presente dissertação é um estudo avaliativo da aplicabilidade da Lei n. 9.455/97 (Lei Anti-tortura) no Estado do Piauí, através da análise dos casos de tortura denunciados após a edição da mesma. Após a definição do termo tortura , a sua prática no Brasil foi historiada, destacando-se o período da Ditadura Militar nesse país. Os aspectos da tortura foram buscados, principalmente, na obra de Cesare Beccaria. Referida ao princípio da dignidade humana, este princípio foi considerado tal como enunciado na Constituição Federal brasileira. Foi realizada, ainda, uma análise da Lei n. 9.455/97. O estudo permitiu a elaboração do quadro de casos de tortura denunciados no Estado do Piauí, após a edição da referida Lei, bem como um perfil daqueles que chegaram a se transformar em processos judiciais

Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...

Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...