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

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 o...

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Bibliographic Details
Main Author: Philippe Audegean
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/351
Description
Summary: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.
ISSN:2531-4165