Beccaria e Bentham

The philosophies of Beccaria and Bentham have a number of features in common: the juspositivist principle of legality, the project of minimizing criminal law, the dependence of punishment on types of action rather than types of actors, the idea of the trial as an inductive ascertainment of truth. B...

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Main Author: Luigi Ferrajoli
Format: Article
Language:English
Published: Firenze University Press 2019-05-01
Series:Diciottesimo Secolo
Online Access:https://oajournals.fupress.net/index.php/ds/article/view/355
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spelling doaj-34aa61f2e0b641d49f49913f26da021e2020-11-25T04:02:00ZengFirenze University PressDiciottesimo Secolo2531-41652019-05-01410.13128/ds-25440Beccaria e BenthamLuigi Ferrajoli0Università degli Studi di Roma Tre The philosophies of Beccaria and Bentham have a number of features in common: the juspositivist principle of legality, the project of minimizing criminal law, the dependence of punishment on types of action rather than types of actors, the idea of the trial as an inductive ascertainment of truth. Beccaria’s thought, however, is more radical both in its utilitarian conception, which hinges on the idea of the social contract that underpins the critique of the death penalty, and in its liberal conception, which forecloses the association of freedom and property that we find in Bentham. https://oajournals.fupress.net/index.php/ds/article/view/355
collection DOAJ
language English
format Article
sources DOAJ
author Luigi Ferrajoli
spellingShingle Luigi Ferrajoli
Beccaria e Bentham
Diciottesimo Secolo
author_facet Luigi Ferrajoli
author_sort Luigi Ferrajoli
title Beccaria e Bentham
title_short Beccaria e Bentham
title_full Beccaria e Bentham
title_fullStr Beccaria e Bentham
title_full_unstemmed Beccaria e Bentham
title_sort beccaria e bentham
publisher Firenze University Press
series Diciottesimo Secolo
issn 2531-4165
publishDate 2019-05-01
description The philosophies of Beccaria and Bentham have a number of features in common: the juspositivist principle of legality, the project of minimizing criminal law, the dependence of punishment on types of action rather than types of actors, the idea of the trial as an inductive ascertainment of truth. Beccaria’s thought, however, is more radical both in its utilitarian conception, which hinges on the idea of the social contract that underpins the critique of the death penalty, and in its liberal conception, which forecloses the association of freedom and property that we find in Bentham.
url https://oajournals.fupress.net/index.php/ds/article/view/355
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