Cesare Beccaria at the Intersection of Utilitarianism and the Social Contract Theory

Abstract

The main purpose of Cesare Beccaria’s treatise On Crimes and Punishments, published in 1764, was to reform the penal system of the time. Beccaria’s legal philosophy is based on the social contract tradition, however his theory focuses on the promotion of common utility as the main goal of ideal jurisprudence. The treatise is driven by a strong consequentialist logic which can be seen, among others, in the definition of the purpose of punishment. The basic function of punishment is to deter and prevent potential crimes. Because of the utilitarian commitments of his work, Beccaria deeply influenced Jeremy Bentham’s views on the philosophy of law, and as a result, the history of philosophy – while often ignoring the contractarian aspects of his treatise –, typically regarded him as a utilitarian or proto-utilitarian. In this paper, I will examine the seemingly incompatible contractarian and utilitarian elements that can be found in his work. I argue that, although Cesare Beccaria can rightly be considered as a forerunner of utilitarianism, the utilitarian criteria of criminal law practices – unlike in Classical Utilitarianism – in his theory are not exclusive, and thus in many cases, justice takes precedence over utility.