Preface
The reason for translating afresh Beccaria’s ‘Dei Delitti e delle Pene’ (‘Crimes and Punishments’) is, that it is a classical work of its kind, and that the interest which belongs to it is still far from being merely historical.
It was translated into English long ago; but the change in the order of the several chapters and paragraphs, which the work underwent before it was clothed in its final dress, is so great, that the new translation and the old one really constitute quite different books.
The object of the preliminary chapters is to place the historical importance of the original in its just light, and to increase the interest of the subjects it discusses.
The Translator has abstained from all criticism or comment of the original, less from complete agreement with all its ideas than from the conviction that annotations are more often vexatious than profitable, and are best left to the reader to make for himself. There is scarcely a sentence in the book on which a commentator might not be prolix.
To combine the maximum of perspicuity with the maximum of fidelity to the original has been the cardinal principle observed in the translation. But it would, of course, have been no less impossible than contrary to the spirit of the original to have attempted to render perfectly comprehensible what the author purposely wrapped in obscurity. A translation can but follow the lights and shades of the surface it reflects, rendering clear what is clear in the original, and opaque what is opaque.
Note
‘All men, whether singly or collectively, naturally do wrong, nor is there any law which will prevent it. For every kind of punishment has been successively tried by mankind, if haply they might suffer less injury from malefactors. And it is probable that in their origin punishments for even the gravest crimes are comparatively mild, but that, as they are disregarded, most of them come in course of time to be punishments of death; yet this in its turn is also disregarded. Either, therefore, some greater terror than death must be invented, or death at least serves not as a deterrent, men being led to risk it, sometimes by poverty, which emboldens them through necessity, sometimes by power, which makes them overreaching and insolent; or sometimes by some other circumstance which subordinates all a man’s passions to some one passion that is insuperable and dominant.… And it is simply impossible, and a very foolish idea, to think that, when human nature is firmly bent on doing anything, it can be deterred from it either by force of law or by any other terror.’
—Thucydides.
‘How many condemnations have I seen more criminal than the crimes themselves!’
—Montaigne.