{"id":4813,"date":"2021-12-01T10:20:50","date_gmt":"2021-12-01T09:20:50","guid":{"rendered":"https:\/\/grundlinien.de\/?p=4813"},"modified":"2026-08-22T21:59:31","modified_gmt":"2026-08-22T19:59:31","slug":"100","status":"publish","type":"post","link":"https:\/\/grundlinien.de\/en\/100\/","title":{"rendered":"100"},"content":{"rendered":"\r\n<p class=\"wp-block-paragraph\">The violation that befalls the criminal is not only just <em>in itself<\/em> \u2014 as just, it is at the same time his will existing <em>in itself<\/em>, an existence of his freedom, <em>his<\/em> right \u2014 but it is also a <em>right done to the criminal<\/em> himself, that is, it is <em>posited<\/em> in his <em>existent<\/em> will, in his action. For in his action, as that of a <em>rational being<\/em>, lies the fact that it is something universal, that through it a law is established which he has recognized for himself in it, under which he may therefore be subsumed as under <em>his<\/em> right.<\/p>\r\n\r\n\r\n\r\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p><em>Beccaria<\/em>* denied the state the right to capital punishment, as is well known, on the ground that it could not be presumed that the consent of individuals to be killed was contained in the social contract \u2014 rather, the opposite must be assumed. But the state is not a contract at all (see <a href=\"https:\/\/grundlinien.de\/en\/75\/\">\u00a7 75<\/a>), nor is the <em>protection<\/em> and <em>security<\/em> of the life and property of individuals as such so unconditionally its substantial essence; rather, it is the higher thing, which itself also lays claim to this life and property and demands their sacrifice. \u2014 Furthermore, it is not only the <em>concept<\/em> of crime, its rationality <em>in and for itself<\/em>, <em>with<\/em> or <em>without<\/em> the consent of individuals, that the state has to make valid, but also the formal rationality, the <em>willing<\/em> of the <em>individual<\/em>, lies in the <em>action<\/em> of the criminal. In the fact that punishment is regarded therein as containing <em>his<\/em> own <em>right<\/em>, the criminal is <em>honored<\/em> as a rational being. \u2014 This honor is not accorded to him if the concept and measure of his punishment are not taken from his deed itself; just as little, too, if he is regarded merely as a harmful animal that is to be rendered harmless, or is treated for purposes of deterrence and reform. \u2014 Further, with regard to the mode of existence of justice, the form which it has in the state, namely as <em>punishment<\/em>, is in any case not the only form, and the state is not the conditioning presupposition of justice as such.<\/p><\/blockquote>\r\n\r\n\r\n\r\n<p class=\"wp-block-paragraph\">* <em>Cesare Beccaria, Dei delitti e della pene, Livorno 1764<\/em><\/p>\r\n","protected":false},"excerpt":{"rendered":"<p>The violation that befalls the criminal is not only just in itself \u2014 as just, it is at the same time his will existing in itself, an existence of his freedom, his right \u2014 but it is also a right done to the criminal himself, that is, it is posited in his existent will, in [&hellip;]<\/p>\n","protected":false},"author":11,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,13],"tags":[],"class_list":["post-4813","post","type-post","status-publish","format-standard","hentry","category-paragraph-en","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts\/4813","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/comments?post=4813"}],"version-history":[{"count":1,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts\/4813\/revisions"}],"predecessor-version":[{"id":4814,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts\/4813\/revisions\/4814"}],"wp:attachment":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/media?parent=4813"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/categories?post=4813"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/tags?post=4813"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}