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Chapter 10 - Postscript

English and American Exceptionalism

Published online by Cambridge University Press:  20 March 2026

Peter Garnsey
Affiliation:
University of Cambridge
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Summary

Beccaria’s tract did not kill the death penalty but made its legitimacy and morality the subject of intense debate. In Britain and America the history of abolitionism is in some important respects individual. Britain sported a ‘Bloody Code’ that at its peak encompassed over 200 capital crimes. Romilly led the charge against the ‘Bloody Code’ (from 1808) and cited (correctly and with approval) Beccaria. Spokesmen in Parliament for the retentionist Paley (post mortem) were much more numerous. In North America, the influence of Beccaria was initially strong, but the United States is a federal republic, and criminal justice is with the individual states. In a way clearly related to slavery and race, hard-line attitudes to the death penalty have prevailed, especially in the South. The influence of Beccaria has inevitably waned; that punishments have lost their role and ‘appeal’ and deterrent value as a spectacle is one factor in this. Ironically, the hard labour that he advocated has been saddled with the name of ‘penal servitude’, and is the only form of slavery recognized by the US Constitution.

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  • Postscript
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.012
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  • Postscript
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.012
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.

  • Postscript
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.012
Available formats
×