The Enlightenment: Rousseau & Beccaria How do Rousseau & Beccaria influence Western Democracy?

I. Jean-Jacques Rousseau A. 1712-1778, born in Geneva, lived in France B. Believed in equality & direct democracy C. Wrote On the Social Contract D. Influences: Direct Voting, 13th Amendment E. Best govt = freely formed by the people & guided by general will of the people (what is best) F. His social contract: people may have to give up what may be best for them (ind.) for the good of the entire state (the whole) 1. This contract is among all people and good laws will protect rights G. Famous quote: “Man is born free, and everywhere he is in chains”. H. Ideas help start the French Revolution Question: Do you agree with Rousseau’s idea of general will? Why or Why not?

II. Cesare Beccaria A. 1738-1794, lived in Italian states (Milan, Lombardy) B. Believed in a good system of justice C. Wrote On Crimes & Punishment D. Influences Judicial Review & US BOR “legal rights” E. People are entitled to a fair & speedy trial F. We have laws & punishments to keep order, not to avenge crimes 1. Punishment should be based on the seriousness of the crime 2. However, cruelty/torture should never be used, (opposed to capital punishment [death penalty]) G. Famous quote: “the punishment should fit the crime” H. Wrote that Judicial branch should review laws against the constitution Question: Do you agree with Beccaria’s idea of that the punishment should fit the crime? Why/why not?