Cesare Beccaria

“ If it can only be proved, that the severity of punishments, though not immediately contrary to the public good, or to the end for which they were intended, viz. to prevent crimes, be useless; then such severity would be contrary to those beneficent virtues, which are the consequence of enlightened reason, which instructs the sovereign to wish rather to govern men in a state of freedom and happiness, than of slavery. ”

“ No magistrate then (as he is one of the society) can, with justice, inflict on any other member of the same society, punishment that is not ordained by the laws. But as a punishment, increased beyond the degree fixed by the law, is the just punishment, with the addition of another; it follows, that no magistrate, even under a pretence of zeal, or the public good, should increase the punishment already determined by the laws. If every individual be bound to society, society is equally bound to him, by a contract, which from its nature, equally binds both parties. ”

“ The sovereign, who represents the society itself, can only make general laws to bind the members; but it belongs not to him to judge whether any individual has violated the social compact, or incurred the punishment in consequence. ”