t Beccaria did not write the document, but the accuracy of this accusation turns on what is meant by the word ”write.”. . . Our guess is that Beccaria had put down notes resulting from the many discussions he had with the Verris and their visitors about the criminal law, . . . then urged Beccaria to put these scraps together into a book. Beccaria apparently spent a long time trying to do that, without accomplishing very much. Eventually, Pietro Verri collected the various pieces and organize and into an essay. so, whether Beccaria “wrote” the treaties is difficult to say.(p. 330-331) Their are some that say Beccaria did probably write the essay as Verris as an editor. Some other criticisms of Beccaria essay were its contradictions, such as his utilitarian views. According to Adler, Mueller, and Laufer (2000) “Utilitarianism a science that all human actions are calculated in accordance with their likelihood of bringing happiness (pleasure) or unhappiness (pain). People weigh the probabilities of present and future pleasures against those of present and future pain.” Beccaria’s (1764/1963) utilitarian views are contradicted in his last sentence, “In order for punishment not to be, in every instance, an act of violence of one or of many against a private citizen, it must be essentially public, prompt, necessary, the least possible in the given circumstances, proportionate to the crimes, dictated by the laws.” However, it is contradicted by the utilitarian view that the pain of the punishment must outweigh the pleasure of the offense. This is in fact what is hidden by Beccaria’s use of the words “least possible” and “necessary.” What is the necessary condition for punishment-the breaking of a law? Retributivists would say so. But utilitarians, who are forward looking, are interested in preventing future crimes. (Newman and Marongiu 1990 p...
