Droit naturel et droit à la vie. Beccaria lecteur de Hobbes

Philippe Audegean

Abstract


Although in the section A chi legge he suggested otherwise, Beccaria owes much to Hobbes. This is evinced by three theses advanced in Dei delitti e delle pene: human beings are by nature unsociable; there is no natural law prior to the establishment of the civil society; natural rights derive from our inborn tendency to self-preservation. From these assumptions, however, Beccaria draws three conclusions that contradict Hobbes: even the most fundamental rights, being guaranteed only by the civil law, are in fact created by it; sovereignty, which is intrinsically limited, is legitimate only insofar as it acknowledges the right to live; the death penalty is illegitimate because it brings men back to the state of permanent war they meant to overcome.

Keywords


Beccaria; Hobbes; Natural Law; Criminal Law; Death Penalty

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DOI: http://dx.doi.org/10.13128/ds-25436

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