HUMA 1825 Study Guide - Midterm Guide: Montesquieu, Syllogism, Tyrant
5 Jul 2017
School
Department
Course
Professor
Document Summary
Beccaria is the writer who is closest to our modern legal system. We looked at montesquieu to know different regimes of government. Beccaria gives a standard of judgement in criminal law. He tells us how we can deal with criminal law without practicing arbitrariness. If someone is making arbitrary choices they are not thinking and it is the power of the despot, it is one sided power. The ruler can be arbitrary, or a judge. What are all the examples of arbitrary judgement in law and morality in the beccaria reading? test question. Beccaria spells out the framework of criminal law that guards against arbitrary judgement. He says it is necessary, justified, if it protects individual liberty . A judgement in law is valid if that judgement protects the liberties of all against the arbitrary arrangements. You should be punished if you imprint on those liberties.
