law made flesh (Beccaria on torture and capital punishment)

I'm reading (for a history class) an excerpt from Cesare Beccaria's "An essay on crimes and punishments" and he asks a question I would like to repeat here: "What is the political object of punishments? The intimidation of other men" (530). It just amazes me that there are so many arguments about the ineffectiveness and cruelty of disproportionate punishment, criminality, and even of the notion that mankind should have some dignity of flesh that laws cannot punish arbitrarily. Yes Beccaria is a thinker during the "enlightenment" but I'm wondering how far back you could trace the idea that there is such a notion of "human" rights.
Beccaria doesn't seem to distinguish (at least in this tiny excerpt) between men and women or "men" and all of mankind so I'm wondering if his thoughts on crime and punishment are extended to all women and men regardless. What I really enjoy about both Beccaria's essay and the one I read earlier by Montesquieu is that they both attack the idea that men should be able to punish one another for religious transgressions (questioning the idea of criminality/deviance at the level of thought, rather than basing it in action which is where Montesquieu distinguishes between justice at the public (the only place courts and the laws of men can govern/discipline) and private realm (this, he argues, should be between that of man and God).
What is most striking about this is that you could apply everything they are saying to current events. Beccaria argues extensively about the ineffectiveness of torture to coerce confessions of guilt or to determine innocence and Montesquieu challenges the idea that the government should be able to prosecute crimes against "nature" as these crimes are always changed by the changing social consciousness and should not be punished according to outdated law and pratice/prejudice. This is extensive paraphrasing on my part so please keep that in mind. Beccaria's critique of torture is quite timely considering how torture is still OBVIOUSLY used and in the way he suggested, both to coerce confession but also to instill fear of punishment in those awaiting torture or those already criminalized. Anyhow, the readings come from "The Portable Enlightenment Reader" edited by Isaac Kramnick. I'm off to read Voltaire's views on capital punishment and then (hopefully) to sleep.

peace!