Оглавление
Adolph Psy.D. Caso. We, the People
FOREWORD
CRITERIA FOR SELECTION
MAYFLOWER COMPACT
ON CRIMES AND PUNISHMENTS
The Reader
Preface of the Translator
Introduction of the Author
Chapter 1: Of the Origin of Punishment
Chapter 2: Of the Right to Punish
Chapter 3: Consequences of the Foregoing Principles
Chapter 4: Of the Interpretation of Laws
Chapter 5: Of the Obscurity of Laws
Chapter 6: Of the Proportion between Crimes and Punishments
Chapter 7: Of Estimating the Degree of Crimes
Chapter 8: Of the Division of Crimes
Chapter 9: Of Honour
Chapter 10: Of Duelling
Chapter 11: Of Crimes, Which Disturb Public Tranquillity
Chapter 12: Of the Intent of Punishments
Chapter 13: Of the Credibility of Witnesses
Chapter 14: Of Evidence and the Proofs of a Crime, and of the Form of Judgment
Chapter 15: Of Secret Accusations
Chapter 16: Of Torture
Chapter 17: Of Pecuniary Punishments
Chapter 18: Of Oaths
Chapter 19: Of the Advantage of Immediate Punishment
Chapter 20: Of Acts of Violence
Chapter 21: Of the Punishment of the Nobles
Chapter 22: Of Robbery
Chapter 23: Of Infamy, Considered as a Punishment
Chapter 24: Of Idleness
Chapter 25: Of Banishment, and Confiscations
Chapter 26: Of the Spirit of Family in States
Chapter 27: Of the Mildness of Punishments
Chapter 28: Of the Punishment of Death
Chapter 29: Of Imprisonment
Chapter 30: Of Prosecution and Prescription
Chapter 31: Of Crimes of Difficult Proof
Chapter 32: Of Suicide
Chapter 33: Of Smuggling
Chapter 34: Of Bankrupts
Chapter 35: Of Sanctuaries
Chapter 36: Of Rewards for Apprehending, or Killing Criminals
Chapter 37: Of Attempts, Accomplices, and Pardons
Chapter 38: Of Suggestive Interrogations
Chapter 39: Of a Particular Kind of Crime
Chapter 40: Of False Ideas of Utility
Chapter 41: Of the Means of Preventing Crimes
Chapter 42: Of the Sciences
Chapter 43: Of Magistrates
Chapter 44: Of Rewards
Chapter 45: Of Education
Chapter 46: Of Pardons
Chapter 47: Conclusion
THE DECLARATION OF CAUSES
THE DECLARATION OF INDEPENDENCE
THE ARTICLES OF CONFEDERATION
THE CONSTITUTION OF THE UNITED STATES OF AMERICA
In Convention
George Washington's Presentation to Congress
THE BILL OF RIGHTS
AMENDMENTS
EMANCIPATION PROCLAMATION
PROMISSORY NOTE
BECCARIA IN THE AMERICAN EXPERIENCE
The Declaration of Causes... and Mazzei
Beccaria - America's Spiritual Founding Father
Beccaria and the American Revolution
John Adams and Beccaria
Beyond Capital Punishment
Beccaria and James Wilson
Two Tyrants
A Federation of States
Beccaria and the First Amendment
The Reformer
Editions of On Crimes And Punishments
Beccaria - Life and Time
Adams’ Copy of On Crimes and Punishments
America’s Basic Character
Beccarian Thoughts
BIBLIOGRAPHY
Отрывок из книги
Although the words, We, the People suggest that the Constitution applies equally to all Americans, the attainment of that equality has fallen short for most people. And, despite many legislative attempts towards that end, the goal has remained elusive.
We, the People explores the potential meaning behind those words. This book, therefore, should serve as a stimulus to a better understanding of those words, and, through actions consonant to that meaning, we might work towards making America's Democracy attainable by the largest number possible.
.....
Although the implications behind those innocuous words may have been incomprehensible to some, to others, however, they must have been both palatable and inscrutable at the same time, and this may be the reason why the preamble achieved consensus, when, for reasons cited above, it should have been rejected.
How can the mandate of "We, the people" be collective and exclusively restrictive at the same time? "We, the people" connotes collectivism–a single political body comprised of all the people. Whoever the specific writers may have been, in succeeding to insert those words at the beginning of the Constitution, they accomplished the biggest coup of the convention. Those words contain the code of the writers' secret hope that, notwithstanding the social context of their time, which could not permit the fulfillment of the mandate, their goal would be fulfilled on a future day. That day may have come for many; it has yet to come for all.
.....
