Compare and contrast how Cesare Beccaria presents the value of necessity with the goal of happiness for guiding the criminal justice system in society

Cesare Beccaria was an Italian philosopher, lawyer, and jurist best known for his work On Crimes and Punishments (1764). In this article, he argued that the punishment is a necessary evil because it deters people from breaking the law. Although he maintained discipline through pain, he thought the punishment should never be greater than what was needed to achieve power. It might seem paradoxical but Beccaria asserts that "happiness alone" - with no reference to wealth or position - is an appropriate principle as it would eliminate corrupting influence and safeguard one's essential humanity. In his On Crimes and Punishments, Beccaria defines punishment as the legal form of violence that can only be justified in negative terms. James Beccaria said a legally administered punishment is neither a form of penitence nor a restoration of any sense of the original order disturbed by the culprit. Beccaria's thesis begins with the philosophical notion that human beings are equal, free, and thus cannot be impeded by laws contrary to their will. Beccaria's notion of the social contract conflicted with the idea of natural law. Man has not freely consented to the interests of the "common good" on moral grounds alone. Yet even if what it did wasn't a threat to humanity itself, it abdicated our inherent liberties. This bleak description of human nature doesn't justify absolutism or absolute power and authority. In conclusion, Beccaria argues that the purpose of punishment should be to preserve happiness through avoiding the pains of punishment at all costs. He believes that although discipline through pain is necessary, it should never be greater than what is necessary to achieve power. The author concludes that "happiness alone" - with no reference to wealth, position, or other common benchmarks of success - is an appropriate principle as it would eliminate corrupting influence and safeguard one's essential humanity.

Compare and contrast how Cesare Beccaria presents the value of necessity

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