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Introduction

Published online by Cambridge University Press:  20 March 2026

Peter Garnsey
Affiliation:
University of Cambridge
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Summary

Pelli and Beccaria in the 1760s produced the first comprehensive critiques of the death penalty. They did not come from nowhere. For centuries, philosophers, jurists, and religious leaders produced ideas and arguments that would feed into the abolitionist cause, in a way unpredicted by their authors, none of whom were abolitionists. The starting point (ironically, as it became the standard-bearer of retributivism) was the Lex Talionis of the Code of Hammurabi, which aimed at controlling private vengeance, while advancing the principle of crime–punishment proportionality. Plato introduced the idea that punishment must be forward- rather than backward-looking, and dismissed the latter as vengeance. Jesus’s words and actions problematized the practice of capital punishment. Thomas More was the first to argue against the death penalty for a specific crime, namely, theft, while natural jurists such as Pufendorf ruled out Grotius’s assertion that capital punishment was permissible according to the law of nature. Beccaria combined social contract theory and proto-utilitarian considerations, the latter coming into play through the agency of Enlightenment philosophers, English, Scottish, and French. The advance of abolitionism was and is far from inevitable, as illustrated by the obstacles faced in England (for a time) and North America (perhaps lasting).

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  • Introduction
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.002
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  • Introduction
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.002
Available formats
×