"on Crimes And Punishment" In The Social Contract Theory

"Freedom, equality, human rights" are the keynote of Enlightment. The theoretical foundation (Social contract and the utilitarianism) of the book "On Crime and Punishments" found its basis on the emotional theory. Cesare Beccaria examined the foundation of the old criminal system and also explained the new criminal law principle which consisted of crime legal principle and the crime punishment according to the humanism and the new social need. In addition, Beccaria also advocated that the objectivism of the crime, the dual prevention views of penalty goal and the timeliness, openness, the definiteness of the punishment as well as the abolishment of death penalty, all of which have significant influence to the later theory of criminal law.Beccaria constructed the modern criminal law framework that have profound theoretical basis, otherwise it will become a castle in the air. The theoretical basis of Beccaria's criminal thought is thought of the Enlightenment, and all of his main theoretical basis can be found in the precursor, so Beccaria absorbed the essence of the Enlightenment. Beccaria's criticism to the criminal justice system is involved in many aspects , and he demonstrated the origin of the penalties and punishment, and demonstrated the principle of legality, and feasibility studies, the death penalty system, etc. Of course, Beccaria excavated from the perspective of humanity and made use of the utilitarian point of view. Beccaria combined the social contract theory and utilitarianism, the combination is unique.The article is aimed to analyze the intrinsic theory of Beccaria's criminal thought, focusing on the theoretical origin and intrinsic contact of Beccaria's criminal thought to reveal the details and intension of it. This article's starting point is his social contract, so this article is mainly on the social contract to discuss his theory.The article has approximately 35,000 words, and in addition to the introduction and conclusion, is divided into four parts: The first part mainly talking about that Beccaria's acceptation of the social contract theory and discussing the social contract in the criminal law system. With the Englightment influence, he chosen "the social contract theory" to illuminate the relation between the nation and the individuals and to establish his theory on the punishment. So the social contract is the keystone of the Beccaria's criminal law thought. The 18th century's Europe was experiencing the movement "from the status to the contract", Beccaria wanted to safeguard the individual right by discussing the criminal law with the social contract. So the criminal law contract illustrated that law has experienced the evolution from the national to the individual standard.The second part want to compare Beccaria's social contract with the Rousseau's for the purpose of clarifying one kind of misleading which stated the former is the result of the absorption of the latter's without noticing the deference between each other. This part illustrates that there are four aspects between them: First, they have different theory on the "state of nature". Beccaria described it as "the state of war", but Rousseau as the peaceful one with everyone being equal; Second, there is a different object of right between each other. Beccaria thought that the king is the owner of right which giving by the people, but Rousseau thought that the political community is the proper right owner; Third, the different limitation on the transferring of the right. Beccaria claimed that the people are giving only the part of his right to the king, but Rousseau presented that the people have given completely the right to the political community. Fourth, there is different between the attitudes for the power. Beccaria advocates the decentralization theory which has a dividing and balancing power between legislation and jurisdiction, while Rousseau is clearly claiming that the sovereignty is absolute.The main feature of Rousseau's social contract is "the democratic sovereignty", while the essence of the Beccaria's social contract theory is the limit authority which stressing the individual right is must be safeguard and never be violated. They have different ideas on the political affairs. Rousseau advocates the radical democracy while Beccaria advocating the enlightened monarchy. Rousseau has constructed a formidable, unified community which gives the harmony between the individual and the public interest. Facing excessively formidable of monarch's authority, Beccaria wanted to give it necessary limitation in order to safeguard the individual interest.The third part mainly discussing of the establishment of social contract theory in the criminal theory. How the social contract is agreed to the utilitarianism. It is said that the people usually act on the rational choice in the social contract, but there is no opposition between reason and the perception in beccaria's opinion. There is no disagreement between reason and the perception, and utilitarianism is consisted with the nature of the human beings. Therefore, his discussing of social contract is the foundations of the utilitarianism. First, the goal of the social contract is to realize "greatest happiness of the great people" which is also the aim of the utilitarianism goal. Next, the product of the social contract is the protection of the law. Beccaria discussed the penalty goal is the concrete application of this theories with the compromise between the contrast of the principle of utilitarianism and the retribution. Why the penalty goal lies in the prevention? Who should receive punishments and how the penalty was carried on? All of this questions can be answered by the social contract theory. Law is the proper basis of the penalty.The fourth part stated the realization of the Beccaria criminal law contract. The law is the product and manifestation of the social contract and the criminal law can be regard as production of the special contracts. The goal of Beccaria criminal law contract is to limit the execution of national penalty power and to safeguard the individual right as well as to realize "the greatest happiness of the greatest people".