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This chapter analyzes the texts and fragments of Giuseppe Pelli's dissertation on the death penalty. It discusses various meanings given to the word punishment which have created a great deal of misunderstanding. The chapter defines the term with precision and at the same time takes issue with the definitions proposed by Hugo Grotius and others. Punishment taken in a general sense may be divided into conventional and civil. Conventional punishment arises from the pact and is that which everyone signs up to spontaneously, while civil punishment is understood as that imposed by positive law, 'conventional' as that to which one submits of one's own volition. It also demonstrates three ends of punishment: reform, satisfaction and example, with regard to the death penalty. Ultimately, the chapter presents the lengthy discussions of the two Cocceji, father and son, on the punishment of Talion and the distinct writing of Giuseppe Pelli and Cesare Beccaria about the death penalty.
Keywords: Giuseppe Pelli, fragments, death penalty, punishment, Hugo Grotius, conventional punishment, civil punishment, Cocceji, Talion, Cesare Beccaria
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