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Legal antiquities

Note 2 — Chapter X · Ancient Punishments.

Reading edition

Beccaria’s “Crimes and Punishments,” p. 41.

The three theories regarding lawful punishment, are, retribution, prevention and reformation. According to the first of these theories, the object of punishment is the vindication of the law upon the offender, by the infliction of such pain or penalty as his crime deserves, hence, the motto for this theory, might be properly said to be Justice. The second idea, makes prevention of further crime, the sole object, the criminal being placed where he can do no further wrong to society, and the motto of this school of legal philosophers, can therefore properly be said to be protection. The third and by far the most philanthropic doctrine of punishment regards the object of correction as the primary one to be attained and that all punishment should cease when the criminal has been reformed. The motto for the last school of philosophy, might properly be said to be Brotherly Love.

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