If the same punishment is prescribed for two crimes that injure society in different degrees, then men will face no stronger deterrent from committing the greater crime if they find it in their advantage to do so.
Cesare BeccariaRead
The lawgiver ought to be gentle, lenient and humane. The lawgiver ought to be a skilled architect who raises his building on the foundation of self-love, and the interest of all ought to be the product of the interests of each.
Interpretation
Law must balance individual interests with the collective good, governed by compassion.
In this quote, Cesare Beccaria emphasizes the importance of humane qualities in a lawgiver. He argues that laws should be built on the foundation of self-love, meaning that they should not only serve individual interests but also promote the greater good, ensuring that personal desires align with the needs of society as a whole.
In practice
During a discussion on drafting new laws, one might say, 'As Beccaria pointed out, the lawgiver ought to be gentle, lenient and humane.'
If the same punishment is prescribed for two crimes that injure society in different degrees, then men will face no stronger deterrent from committing the greater crime if they find it in their advantage to do so.
Easy, simple and great laws, which await nothing but a sign from the lawgiver to spread prosperity and vigour throughout the nation, laws which would earn him immortal hymns of gratitude down the generations, are those which are least considered or least wanted.
In order that punishment should not be an act of violence perpetrated by one or many upon a private citizen, it is essential that it should be public, speedy, necessary, the minimum possible in the given circumstances, proportionate to the crime, and determined by the law.
No man ever freely surrendered a portion of his own liberty for the sake of the public good; such a chimera appears only in fiction. If it were possible, we would each prefer that the pacts binding others did not bind us; every man sees himself as the centre of all the world's affairs.
I myself owe everything to French books. They developed in my soul the sentiments of humanity which had been stifled by eight years of fanatical and servile education.
Unless some other factor is operative, in large, weak and underpopulated states, the luxury of ostentation prevails over that of comfort; but in countries which are more populous than extensive, the luxury of comfort always diminishes ostentation.
There is only one thing a philosopher can be relied upon to do, and that is to contradict other philosophers.
The wing of the Falcon brings to the king, the wing if the crow brings him to the cemetery.
The Tao which you know is not the eternal Tao
Weighing benefits against costs is the way most people make decisions - and the way most businesses make decisions, if they want to stay in business. Only in government is any benefit, however small, considered to be worth any cost, however large.
The torch of doubt and chaos, this is what the sage steers by.
Men imagine that they communicate their virtue or vice only by overt actions, and do not see that virtue or vice emit a breath every moment.
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