中共中央政治局召开会议 中共中央总书记习近平主持会议

From all that has gone before a general theorem may be deduced, of great utility, though little comformable to custom, that common lawgiver of nations. The theorem is this: In order that every punishment may not be an act of violence, committed by one man or by many against a single individual, it ought to be above all things public, speedy, necessary, the least possible in the given circumstances, proportioned to its crime, dictated by the laws. CHAPTER III. THE INFLUENCE OF BECCARIA IN ENGLAND.

The publication of the Delitti e delle Pene interrupted its authors dreams of philosophical calm, by fulfilling his hopes of literary fame. The French encyclop?dists were the first to recognise its merits, and DAlembert, the mathematician, at once predicted for the writer the reward of an immortal[13] reputation. Morellets translation, in which the arrangement, though not the matter of the text, was entirely altered, ran through seven editions in six months, and Beccaria, as has been seen, was only too delighted with the honour thus conferred on him to complain in any way of the liberties taken by the translator with the original.

CHAPTER XXI. ASYLUMS OF REFUGE.

If we consult the human heart we shall therein discover the fundamental principles of the real right of the sovereign to punish crimes.

Whosoever disturbs the public peace, or obeys not the laws, that is, the conditions under which men bear with and defend one another, ought to be excluded from society, that is, to be banished from it. CHAPTER XXXIII. OF THE PUBLIC TRANQUILLITY.

Judgment must be nothing but the precise text of the law, and the office of the judge is only to pronounce whether the action is contrary or conformable to it.