Freedom and public order: Diderot and the benefaction of laws

Diderot doesn't agree with Beccaria : he thinks it's impossible to consider criminal law as a complete rational system, which makes the punishment fit the crime in accordance with a necessary scale. According to him, the judge's decision is a condition for justice and not an impediment. However, these critics do not seem to be in accordance with the function he attributes to the legislator, who must write a code without considering the diversity of customs and opinons. But there is no contradiction between these two conceptions, which complement one another. They both denounce despotism which lies behind the deliberation's depreciation.