Réformer l’arbitraire judiciaire: un débat complexe à la croisée des savoirs

Le moment Beccaria : naissance du droit pénal moderne (1764-1810). Voltaire Foundation, Oxford University Studies in the Enlightenment, 2018
Monti, Annamaria
Abstract

Throughout history, criminal law was never more discussed than during the Age of Enlightenment. The debates started after the publication of a small book by Cesare Beccaria, On Crimes and Punishments, in Livorno in 1764. For fifty years from that date, reactions and additions to the book proliferated so much that this period is called by some "the Beccaria moment". The contributions in this volume explore different thematic and geographical areas (Germany, England, France, Italy) to explore that innovative and foundational moment in the European history of criminal law. Why was the criminal problem suddenly publicised? How did those interrogations manifest? Which theoretical and material forms did they take? This volume shows that modern criminal law originates in a book, and also in its interpretations –  in Beccaria's ideas and the debates they started. Those two sources interacted and now cannot be understood separately.