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The neglected nuance of Beccaria’s theory of punishment

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  • Mark D. White

    (College of Staten Island)

Abstract

Cesare Beccaria is widely acknowledged by the pioneers of the economics of crime as an important influence on their work, especially in terms of deterrence and proportionality of punishment. However, there is much more nuance to Beccaria’s writings that economists can learn from, including a unique psychological point of view that predates behavioral law-and-economics, as well as aspects of his prescriptions regarding criminal penalties that resemble retributivism, a theory of punishment often contrasted with deterrence. A deeper appreciation of Beccaria’s work may result in a richer and more humanistic economic approach to crime.

Suggested Citation

  • Mark D. White, 2018. "The neglected nuance of Beccaria’s theory of punishment," European Journal of Law and Economics, Springer, vol. 46(3), pages 315-329, December.
    • Handle: RePEc:kap:ejlwec:v:46:y:2018:i:3:d:10.1007_s10657-016-9530-7
    DOI: 10.1007/s10657-016-9530-7
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    References listed on IDEAS

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    1. Young, David B., 1983. "Cesare Beccaria: Utilitarian or retributivist?," Journal of Criminal Justice, Elsevier, vol. 11(4), pages 317-326.
    2. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    3. Isaac Ehrlich & Richard A. Posner, 1974. "An Economic Analysis of Legal Rulemaking," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 257-286, January.
    4. Becker, Gary S, 1993. "Nobel Lecture: The Economic Way of Looking at Behavior," Journal of Political Economy, University of Chicago Press, vol. 101(3), pages 385-409, June.
    5. Hume, David, 1740. "A Treatise of Human Nature (III) Of Morals," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 3, number hume1740.
    6. Cooter, Robert D., 1998. "Models of Morality in Law and Economics: Self-Control and Self-Improvement for the "Bad Man" of Holmes," Berkeley Olin Program in Law & Economics, Working Paper Series qt5dj8m2kf, Berkeley Olin Program in Law & Economics.
    7. Lott, John R, Jr, 1992. "An Attempt at Measuring the Total Monetary Penalty from Drug Convictions: The Importance of an Individual's Reputation," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 159-187, January.
    8. Hylton Keith N, 2005. "The Theory of Penalties and the Economics of Criminal Law," Review of Law & Economics, De Gruyter, vol. 1(2), pages 175-201, September.
    9. Cooter, Robert D, 2006. "The Intrinsic Value of Obeying a Law: Economic Analysis of the Internal Viewpoint," Berkeley Olin Program in Law & Economics, Working Paper Series qt2kc0f6mq, Berkeley Olin Program in Law & Economics.
    10. Mark White, 2004. "Preaching to the choir: A response to Kaplow and Shavell's Fairness Versus Welfare," Review of Political Economy, Taylor & Francis Journals, vol. 16(4), pages 507-515.
    11. Mark D. White, 2015. "Retributivist Justice and Dignity: Finding a Role for Economics in Criminal Justice," Perspectives from Social Economics, in: Mark D. White (ed.), Law and Social Economics, chapter 0, pages 77-96, Palgrave Macmillan.
    12. Hume, David, 1739. "A Treatise of Human Nature (I) Of the Understanding," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 1, number hume1739.
    13. Bentham, Jeremy, 1781. "An Introduction to the Principles of Morals and Legislation," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number bentham1781.
    14. Hume, David, 1739. "A Treatise of Human Nature (II) Of the Passions," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 2, number hume1739a.
    15. Polinsky, Mitchell & Shavell, Steven, 1979. "The Optimal Tradeoff between the Probability and Magnitude of Fines," American Economic Review, American Economic Association, vol. 69(5), pages 880-891, December.
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    More about this item

    Keywords

    Cesare Beccaria; Gary Becker; Punishment; Economics of crime; Deterrence; Retributivism; Psychology; Philosophy;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • A13 - General Economics and Teaching - - General Economics - - - Relation of Economics to Social Values

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