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. Be...
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| Format: | Article |
| Language: | English |
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Firenze University Press
2019-05-01
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| Series: | Diciottesimo Secolo |
| Online Access: | https://oajournals.fupress.net/index.php/ds/article/view/355 |
| _version_ | 1818832313401737216 |
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| author | Luigi Ferrajoli |
| author_facet | Luigi Ferrajoli |
| author_sort | Luigi Ferrajoli |
| collection | DOAJ |
| 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. |
| first_indexed | 2024-12-19T02:01:03Z |
| format | Article |
| id | doaj.art-34aa61f2e0b641d49f49913f26da021e |
| institution | Directory Open Access Journal |
| issn | 2531-4165 |
| language | English |
| last_indexed | 2024-12-19T02:01:03Z |
| publishDate | 2019-05-01 |
| publisher | Firenze University Press |
| record_format | Article |
| series | Diciottesimo Secolo |
| spelling | doaj.art-34aa61f2e0b641d49f49913f26da021e2022-12-21T20:41:03ZengFirenze University PressDiciottesimo Secolo2531-41652019-05-01410.13128/ds-25440Beccaria e BenthamLuigi Ferrajoli0Università degli Studi di Roma TreThe 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 |
| spellingShingle | Luigi Ferrajoli Beccaria e Bentham Diciottesimo Secolo |
| title | Beccaria e Bentham |
| title_full | Beccaria e Bentham |
| title_fullStr | Beccaria e Bentham |
| title_full_unstemmed | Beccaria e Bentham |
| title_short | Beccaria e Bentham |
| title_sort | beccaria e bentham |
| url | https://oajournals.fupress.net/index.php/ds/article/view/355 |
| work_keys_str_mv | AT luigiferrajoli beccariaebentham |