Should laws be written clearly and published?

Translation: quotations from Cesare Beccaria are quoted in the anonymous 1767 English translation (London; Albany 1872 edition), not his original words.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that every member of the community should have access to the code of laws. He argued that if magistrates act arbitrarily and not in conformity to the code of laws, it opens a door to tyranny. His grounds are that the uncertainty of crimes has led to more victims of secret tyranny than public cruelty. "the code of laws, which ought to be in the hand of every member of the community" [1]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should be written clearly and published, as he argued that obscurity in laws is an evil because it makes people dependent on a few interpreters and that crimes will be less frequent in proportion as the code of laws is more universally read and understood. (key quote above) [2]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that the nature of evidence for imprisonment should be determined by the laws, not by magistrates, because magistrates' decrees are contrary to political liberty when they are not particular applications of a general maxim of the public code. This shows he believed laws should be clear and not left to arbitrary interpretation. "The nature of this evidence should be determined by the laws, and not by the magistrates, whose decrees are always contrary to political liberty, when they are not particular applications of a general maxim of the public code." [3]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should be written clearly and that their interpretation should be limited to their literal sense. He argued that when laws are not precise and certain, they lead to disorders and give judges the dangerous power to interpret them, which results in arbitrary and venal decisions. He believed that a fixed code of laws, observed in the literal sense, is essential for the security of person and property and for maintaining liberty and independence among subjects. (key quote above) [4]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should be clear and simple. He argued that clarity in laws is essential for preventing crimes and ensuring that the entire force of the nation is united in their defense. "Would you prevent crimes? Let the laws be clear and simple; let the entire force of the nation be united in their defence;" [5]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should be clear and precise. He argued that when laws are clear and precise, the judge's role is merely to ascertain the fact, implying that clarity in laws is essential for fair judgment. "Where the laws are clear and precise, the office of the judge is merely to ascertain the fact." [6]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should be interpreted strictly and not left to the discretion of judges, emphasizing the need for clarity in laws to avoid uncertainty. He argued that the judge's role is to apply the law as written, not to interpret it, and that laws derive their authority from an oath of fidelity to the sovereign, not from ancient conventions or presumed obligations. (key quote above) [7]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should be clear and uniform, as he criticized the contradictory and arbitrary nature of existing laws. He argued for the perfection of laws because they affect lives and fortunes. "Shall the law of the provinces be always at variance with the law in the capital? ... In short, to what side soever we turn our eyes, we are presented with a confused scene of contradictions, uncertainty, hardships, and arbitrary power." [8]

What cuts against it

• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria acknowledged that the ideas of virtue and vice change with the revolution of ages, and that laws are often influenced by the passions and errors of lawgivers. This suggests that laws may not always be clear or consistent, which could cut against the idea that they should always be written clearly and published. "Whoever reads, with a philosophic eye, the history of nations, and their laws, will generally find, that the ideas of virtue and vice, of a good or a bad citizen, change with the revolution of ages..." [9]

• ACTION (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria pointed out that in some cases, the weakest and most equivocal evidence is accepted as sufficient proof for crimes, which suggests that the application of laws may not always be clear or precise. "With the foregoing principles in view, it will appear astonishing, that reason hardly ever presided at the formation of the laws of nations..." [10]

• ACTION (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria noted that the credibility of witnesses is often based on the words of a criminal, which can be difficult to interpret accurately, suggesting that laws may not always be clear in their application. "Finally, the credibility of a witness is null, when the question relates to the words of a criminal..." [11]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Cesare Beccaria believed that laws should be written clearly and published, as he argued that obscurity in laws is an evil because it makes people dependent on a few interpreters. "Crimes will be less frequent, in proportion as the code of laws is more universally read, and understood..." [2] (quoted in the anonymous 1767 English translation (London; Albany 1872 edition)) (inference: clarity reduces crime).

2. He emphasized that when laws are not precise and certain, they lead to disorders and give judges the dangerous power to interpret them, which results in arbitrary and venal decisions. "When the code of laws is once fixed, it should be observed in the literal sense..." [4] (quoted in the anonymous 1767 English translation (London; Albany 1872 edition)) (inference: clarity prevents judicial overreach).

3. He argued that clarity in laws is essential for preventing crimes and ensuring that the entire force of the nation is united in their defense. "Would you prevent crimes? Let the laws be clear and simple..." [5] (quoted in the anonymous 1767 English translation (London; Albany 1872 edition)) (inference: clarity promotes public security).

4. He believed that when laws are clear and precise, the judge's role is merely to ascertain the fact, implying that clarity in laws is essential for fair judgment. "Where the laws are clear and precise, the office of the judge is merely to ascertain the fact." [6] (quoted in the anonymous 1767 English translation (London; Albany 1872 edition)) (inference: clarity ensures fair application).

5. He argued that the judge's role is to apply the law as written, not to interpret it, and that laws derive their authority from an oath of fidelity to the sovereign, not from ancient conventions or presumed obligations. "The laws receive their force and authority from an oath of fidelity..." [7] (quoted in the anonymous 1767 English translation (London; Albany 1872 edition)) (inference: clarity ensures legal legitimacy).

3. HIS TAKE

Record coverage: DIRECT

Cesare Beccaria directly addressed the question of whether laws should be written clearly and published. He consistently argued that clarity in laws is essential for reducing crime, ensuring fair judgment, and preventing judicial overreach.

Extrapolation: Cesare Beccaria would support the idea that laws should be written clearly and published, as he believed that clarity in laws is essential for the security of person and property, for maintaining liberty and independence among subjects, and for preventing arbitrary and venal decisions by judges.

Competing readings: One competing reading is that laws may not always be clear or consistent in practice, as Cesare Beccaria acknowledged that the ideas of virtue and vice change with the revolution of ages and that laws are often influenced by the passions and errors of lawgivers. However, this is an inference, not a stated reason in the record.

Confidence: High, as the record directly supports the position and the passages are from a primary source, albeit an old edition.