In this chapter Kames's presentation of the history of criminal law, a principal example of his concept of conjectural history, as well as his theoretical ideas of criminal law and especially punishment are discussed. Again, Kames's philosophical concept of criminal law and punishment is a practical application of his moral philosophy which has been dealt with in detail in chapter 3 in particular. The chapter also provides a discussion why Cesare Beccaria, normally most influential in the Enlightenment, seems to have had no influence on Kames.
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