دانلود کتاب Re-Reading Beccaria: On the Contemporary Significance of a Penal Classic

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Acknowledgements\nContents\nList of Contributors\nIntroduction\n I. The Individual Chapters\n II. Acknowledgements\nPART I LOCATING BECCARIA\'S CONTRIBUTION TO PENAL AND POLITICAL PHILOSOPHY\n 1. Beccaria\'s Political Theory of Criminal Justice\n I. Beccaria\'s Legal and Political Philosophy\n II. Beccaria\'s Political Theory of Criminal Justice\n III. Conclusion\n 2. Reconstructing Beccaria\'s Social Contract\n I. Mapping Beccaria\'s Use of the Social Contract onto Modern Social Contract Theory\n II. Beccaria\'s Social Contract: Foundational, Distracting or Superfluous?\n III. Conclusion: The Role of the Contract\n 3. Beccaria\'s Contractarian Criminal Law: Jurisdiction, Punishments and Rewards\n I. Beccaria\'s Contractarian Criminal Law: Criminal Law as Public Law\n II. Questions of Ambit and Jurisdiction\n III. Rewarding Virtue?\n 4. Crime, Punishment and the Social Contract: Towards the Constitutionalisation of Criminal Law\n I. The Death Penalty and the Social Contract: Placing Punishment-by-Death Beyond the Reach of Public Authority\n II. Demarcating the Social Contract\n III. Conclusion\n 5. Beccaria, Treason and the Social Contract\n I. Beccaria\'s Basis for Criminalisation – Utilitarianism Or Social Contract?\n II. Can the Social Contract Justify the Criminal Law?\n III. Why the Offence of Treason is a Test Case for the Social Contract Justification\n IV. Community and State\n V. Conclusion\n 6. Beccaria\'s Secular Metaphysics: Pain, Time and State Authority\n I. Beccaria\'s Post-Christian Secularism\n II. A New Metaphysics of Pain and Time\n III. Conclusion\n 7. Public Institutions without Public Offices: Beccaria\'s Use of Political Theory in the Reform of Criminal Justice\n I. Beccaria\'s Heterogeneous Practical Philosophy\n II. Beccaria\'s Great Insight\n III. Beccaria\'s Darker Legacy\n IV. Conclusion\n 8. Realism and the Rational Administration of the Law in Beccaria\n I. Realism\n II. The Rational Administration of the Laws\n III. Conclusion\nPART II LOCATING BECCARIA IN PRESENT-DAY DISCOURSES ON CRIMINAL JUSTICE\n 9. Beccaria Now: (Re)reading On Crimes and Punishments\n I. Introduction: Beccaria Then and Now\n II. Beccaria\'s Enlightened Method: Scientific Rationalism as Proto-Penal Theory\n III. A Political Theory of Criminal Justice\n IV. Reinventing Criminal Procedure\n V. Conclusion: Beccaria Now and Then\n 10. Should Murder be More Difficult to Prove than Theft? Beccaria and Differential Standards of Proof\n I. Introduction\n II. The Individualised Proof Interpretation\n III. The Asymmetrical Interpretation\n IV. Conclusion\n 11. Cesare Beccaria\'s Integrative Deterrence Approach\n I. Introduction\n II. Beccaria\'s Deterrence in a Nutshell\n III. Beccaria\'s Approach – The Conditions for Its Feasibility and a Reality Check\n IV. Suggestion for an Integrative Reading of Beccaria – a Humanistic Deterrence\n V. Proposal for Integrative Sentencing of Crimes\n VI. Concluding Remarks\n 12. Human Rights and Criminal Law: From Beccaria\'s On Crimes and Punishments to Modern Criminal Law\n I. Introduction\n II. The Rule of Law\n III. Torture\n IV. Crimes of Adultery and Sodomy\n V. Lessons to be Learned\n 13. Beccaria on the Human Rights Committee? An Excursus on the Parameters of Human Rights and Penology\n I. Introduction\n II. Beccaria and International Human Rights Norms: Common Roots\n III. Beccaria and International Human Rights Norms: Common Elements?\n IV. Penology, Penal Philosophy and Human Rights: Changing Parameters\n V. Conclusion\nPART III LOCATING BECCARIA IN EIGHTEENTH-CENTURY CRIMINAL JUSTICE\n 14. Criminal Justice Reform in the Austro-Hungarian Empire, Habsburgian Lombardy and Tuscany: Beccaria\'s Policy Memoranda in Context\n I. The Criminal Law of the Habsburg Crownlands during Maria Theresa\'s Rule\n II. Joseph II As Sole Regent: New Practices and New Laws\n III. Leopold II: Tuscany As a Model State, Damage Control in Austria\n IV. Towards Reform in Lombardy: Beccaria\'s Memoranda in Context\n V. Conclusion\nAppendix 1: Brief Observations on the General Code on Crimes and Punishments as Concerned with Policy Offences\nAppendix 2: Opinion of the Undersigned Members of the Committee Charged with the Reform of the Criminal System in Austrian Lombardy for Matters Pertaining to Capital Punishment (1792)\nIndex