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Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler Oct 2009

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler

All Faculty Scholarship

In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …


The Limits Of Self-Reliance: Emerson, Slavery, And Abolition, James Read Jan 2009

The Limits Of Self-Reliance: Emerson, Slavery, And Abolition, James Read

Political Science Faculty Publications

In the 1841 essay “Self-Reliance” Ralph Waldo Emerson presupposed a democratic society of free and equal individuals – an idealized America with a veil drawn over racial slavery. As his own commitment to the antislavery cause deepened over time Emerson sought to reconcile his ideal of self-reliance with organized political action necessary to fight slavery.

Recent scholarship has corrected the previously dominant image of Emerson as detached from politics and indifferent to abolitionism. But even as he participated in it, Emerson saw antislavery activism as a distraction from his own proper work of freeing “imprisoned spirits, imprisoned thoughts, far back …


Incidents In The Life Of A Slave Girl, Education And Abolition, Kabria Baumgartner Jan 2009

Incidents In The Life Of A Slave Girl, Education And Abolition, Kabria Baumgartner

Ethnic Studies Review

Some thirty years before Harriet Ann Jacobs opened the Jacobs Free School in Alexandria, Virginia in January 1864, one of her first students was her fifty-threeyear-old uncle, Fred. The seventeen-year-old Harriet appreciated her uncle's "most earnest desire to learn to read" and promised to teach him.1 As slaves, both teacher and student risked the punishment of "thirtynine lashes on [the] bare back" as well as imprisonment for violating North Carolina's anti-literacy laws targeting African Americans.2 Nevertheless they agreed to meet three times a week in a "quiet nook" where she instructed him in secret.3 While the primary goal for him …


Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler Jan 2009

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler

Northwestern Journal of Law & Social Policy

In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …