Before continuing, it is imperative to understand what Beccaria identifies as a crime. According …show more content…
These are the reasons (what is the rule? What did the person do? Does what the person do count as breaking the law?) that the judge must consider during their cases because any other reasoning can create uncertainty. In order for a judge to effectively apply the laws, the laws must not be obscure. A law can be obscure “if the laws are written in a language unknown to the people; who, being ignorant of the consequences of their own actions, become necessarily dependent on a few, who are interpreters of the laws, which, instead of being public and general, are thus rendered private and particular” (26). Therefore, in order to be guarded against arbitrary power, the laws must be clear not obscure. Having obscure laws will make it difficult to ensure that the most appropriate punishment is applied and that it will deter