Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene'

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Farrer, James Anson, 1849-1925 Project Gutenberg 2019
Crime; Punishment; Torture; Criminal law; Beccaria, Cesare, marchese di, 1738-1794. Dei delitti e delle pene; Capital punishment; Law reform Readers of public-domain and historical texts
Project Gutenberg digital edition en

Edition facts

Words: 63,147
Reading time: 275 min
Text sections: 7
James Anson Farrer's 1880 work pairs a new translation of Beccaria's 'Dei Delitti e delle Pene' with preliminary chapters on Beccaria's life and the historical context of criminal law reform. The excerpts show Farrer's focus on legal interpretation, the obscurity of laws, and the role of fixed codes, while the catalog subjects (Adventure & Picaresque Fiction) appear misapplied.
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James Anson Farrer's Crimes and Punishments (1880) is not a work of adventure or picaresque fiction, as the catalog suggests, but a legal-historical study centered on a new translation of Cesare Beccaria's Dei Delitti e delle Pene. The excerpts reveal a text concerned with the interpretation of laws, the dangers of judicial discretion, and the value of fixed legal codes. Farrer's preface explains his decision to avoid annotations, leaving readers to form their own judgments. The translation aims for fidelity to Beccaria's original, including its deliberate obscurities.

A Translation That Preserves Obscurity

Farrer states his cardinal principle as combining 'the maximum of perspicuity with the maximum of fidelity to the original.' Yet he acknowledges that Beccaria 'purposely wrapped in obscurity' some passages, and 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.' This approach distinguishes his version from earlier English translations, which he claims differ substantially due to changes in chapter order. Readers should expect a text that does not smooth over Beccaria's ambiguities.

The Judge as Interpreter, Not Legislator

In the excerpted chapters, Beccaria argues that when a fixed code of laws 'leaves to the judge no further trouble than to inquire into the actions of citizens and to decide on their conformity to the written law,' citizens gain security and can 'calculate exactly the evil consequences of a misdeed.' He warns against 'the fatal licence of arguing' and the 'petty tyrannies of many men.' The language is precise: the standard of just and unjust should be 'a matter of controversy' but 'of fact.' These passages reflect Beccaria's Enlightenment faith in codification as a check on arbitrary power.

The Vernacular and the Printing Press

Beccaria links legal obscurity to the use of a language other than the vernacular, which makes the law 'a private and, so to speak, a family manual' for a small class. He praises the art of printing for making 'the public, and not a few individuals, the guardians of the sacred laws.' The excerpts show a recurring concern with accessibility: 'the greater the number of those who understand and have in their hands the sacred code of the laws, the fewer will be the crimes committed.' Farrer's translation thus participates in a broader argument about the democratization of legal knowledge.

Farrer's preliminary chapters, though not excerpted here, promise to place Beccaria's work in historical context. Readers interested in the evolution of criminal law reform will find this edition valuable for its fidelity to the original and its avoidance of modern commentary. The catalog's classification as adventure fiction is misleading; this is a serious work of legal philosophy and history.

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