HUMA 1825 Lecture Notes - Lecture 1: Physiognomy

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E(cid:454)plai(cid:374) ho(cid:449) the p(cid:396)ote(cid:272)tio(cid:374) of li(cid:271)e(cid:396)t(cid:455) is (cid:271)asis fo(cid:396) be(cid:272)(cid:272)a(cid:396)ia"s u(cid:374)de(cid:396)sta(cid:374)di(cid:374)g of la(cid:449), (cid:272)(cid:396)i(cid:373)e a(cid:374)d punishment. It seems plausible throughout his writing that beccaria is attempting to protect the institution and rule of law, (cid:449)hi(cid:272)h p(cid:396)ote(cid:272)t the i(cid:374)di(cid:448)idual"s (cid:396)ight to li(cid:271)e(cid:396)t(cid:455), from tyrannies to which it may be subjected from various actors in society. He places protection of liberty in the centre of his justification of the necessity of laws, the definition of crime and its severity and the extent to which a criminal should be punished. Firstly, he is seen to define law as a necessary tool to protect liberty and bring stability to government as well as unity to the way in which offenders of the law are treated. He goes so far to say that without written laws, no society can aspire to form a democratic government. This also serves as a way to protect the rule of law from personal interpretation and opinions of the individuals.

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