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The “social guarantee” of rights: toward a culture alive with the respect to human rights

There are affirmations that by their precision they are converted into common places. Such it occurs precisely with the famous phrase of the German lawyer Claus Roxin when he affirms (thus, among signs of exclamation) that “The law of criminal process is a seismograph of the Constitution of the State!” (Roxin 2000, 10). This expressed affirmation, with more than precision, is an idea that all forms already announced for Beccaria relating to the proportionality between crimes and sentences: “if there was a universal and exact scale of crimes and sentences, we would have a probable and common measure of the degrees of tyranny and of liberty, of the depth of humanity or the malice of the diverse nations” (Beccaria 1990, 59). According to Beccaria, therefore, the states where such proportionality does exist will be humane and free states; the disproportionate, on the contrary would show tyranny and malice.

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