Rethinking Capital Punishment
The Pre-History of the Abolition of the Death Penalty
Published on 2. April 2026
Book
Hardback
202 pages
978-1-009-76009-6 (ISBN)
Description
The death penalty was accepted almost universally until the eighteenth century, when Giuseppe Pelli of Florence and Cesare Beccaria of Milan produced works calling for its abolition. Why was this form of punishment so integrated into laws and customary practices? And what is the pre-history of the arguments in favour of its abolition? This book is the first to trace the origins of these ideas, beginning with the Lex Talionis in the Code of Hammurabi and moving across the Bible, Plato, to the Renaissance, and the emergence of utilitarianism in the 18th century. It also explores how the advance of the abolition of the death penalty was held up for a time in Britain, and stalled, apparently permanently, in America. Peter Garnsey ranges across philosophy, theology, law, and politics to provide a balanced and accessible overview of the beliefs about crime and punishment that underlay the arguments of the first abolitionists. This study is a compelling and original contribution to the history of ideas about capital punishment.
Reviews / Votes
'A riveting excavation of the ideas and arguments that shaped early critiques of capital punishment, ranging from the first discussions of retribution and deterrence to the eventual emergence of abolitionism. Garnsey maps a fractured, surprising genealogy that reshapes our understanding of how reformist thinking about punishment was forged. Erudite, gripping, indispensable.' Philippe Audegean, Sorbonne University 'The book provides a brilliant and learned discussion of legal punishment and the death penalty from antiquity to the abolitionism of the eighteenth century. Beginning with Plato's advocacy of punishment as reformative and following the legacy of humanism and utilitarianism the inquiry concentrates on C. Beccaria's celebrated critique of the death penalty, On Crimes and Punishments (1764). As an alternative to death he also proposed hard labour for public works: an idea debated in Britain and widely applied in the United States in the twentieth century and beyond.' Renato Pasta, University of Florence 'Garnsey's exceptionally wide-ranging erudition stretches from classical antiquity to the contemporary world, via medieval, early modern and Enlightenment jurists, theologians, philosophers and political thinkers. His incisive clarity of exposition and overall lightness of touch make for a fascinating account of what is still a hugely important subject.' Wilfrid Prest, The University of AdelaideMore details
Language
English
Place of publication
Cambridge
United Kingdom
Illustrations
Worked examples or Exercises
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 16 mm
Weight
451 gr
ISBN-13
978-1-009-76009-6 (9781009760096)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
03/2026
Cambridge University Press
€36.99
Available for download
Person
Peter Garnsey is Emeritus Professor of the History of Classical Antiquity at the University of Cambridge. He has published in many areas, including political and legal history and philosophy, famine, food and slavery. Recent publications include Thinking about Property: From Antiquity to the Age of Revolution (Cambridge, 2007), and Against the Death Penalty: Writings from the First Abolitionists - Giuseppe Pelli and Cesare Beccaria (2020).
Content
Introduction; 1. Lex Talionis; 2. Plato: punishment as reform and deterrence; 3. Retribution and revenge; 4. Jesus; 5. Thomas More; 6. The state of nature and the social contract; 7. From utility to utilitarianism; 8. Giuseppe Pelli; 9. Cesare Beccaria; 10. Postscript: British and American exceptionalism.