Abstract

Beccaria perceived his Essay On Crimes and Punishments as a plea for interests of humanity against the savagery and disorderliness of procedures of criminal justice. In arguing for a humane criminal law Beccaria relates to of men. The role Beccaria attaches to of resembles role of human rights in modern criminal law - such as right of due process and right not to be subjected to cruel inhumane and degrading punishment - which subjects modern criminal law to constitutional constraints. In this Chapter I will discuss importance attached by Beccaria to rights of mankind in different contexts of criminal law and will evaluate relevance of Beccaria's discussions of these rights to modern criminal law. In doing so, I will focus on three different contexts discussed by Beccaria: rule of law, torture and crimes of adultery and sodomy. In concluding Part, I will point out some of lessons that modern criminal law may learn from Beccaria's discussion in these contexts.

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