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

Philippe Audegean


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.


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

Full Text:


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

This work is licensed under a Creative Commons Attribution 4.0 International License (CC-BY- 4.0)

Firenze University Press
Via Cittadella, 7 - 50144 Firenze
Tel. (0039) 055 2757700 Fax (0039) 055 2757712
E-mail: info@fupress.com