Classicism and positvism Flashcards
Classicism: Historical context
The pre-enlightenment, idea that crime is evil.
Classical criminology
Comes from the enlightenment, emphasises rationality and due process. It fails to account for social differences.
Social contract theory
Thomas Hobbes
Humans once lived in a state of innocence or nature.
The emergence of humanity from its primal state involved the application of reason, and consequences for actions.
To ensure peace and freedom you must allow authority to oversea the society.
Social contract theory: Rousseau
Human nature; everyone is free and equal, animated by the principles of self preservation.
When humans came together into groups, they evolved and became selfish/competitive.
Rational actor model
Homo economicus - rational actors with free will on their lives.
They use reason to work out the cost and benefits of their actions.
Individuals are responsible for their actions.
Cesare Beccaria on crimes and punishment
He advocated for social reforms against torture and capital punishment.
He was concerned with arbitrary punishments.
He thought criminals were rational actors.
Punishment should equal the crime as to act as a deterrent.
Cesare Beccaria: Key principles for punishment.
Proportionality - seriousness of crime is assessed against the harm caused to others.
Certainty - a punishment that is certain is more effective than a brutal one.
Deterrence - preventive approach
Equality - everyone is equal before the law, due process.
Bentham and the modern prison
Criminals weren’t monsters, but individuals who lacked self discipline.
Panopticon - inspection principle, to ensure changing behaviour of inmates.
Cesare Lombroso
The roots of criminal behaviour in biological make up.
Criminals are regarded as degenerates and genetically weak.
You could identify criminals from physical characteristics in a process called anthropometry.
Biological positivism and racism
Criminal behaviour derives from a biological imperative.
There is a fixed relationship between genes and behaviour.
You are born a criminal and cannot escape it.
No rehabilitation.
Biological positivism and sexism
Women are too primitive to commit regular crimes.
Lombrosso saw women as big children.
The cure for the criminal women was religion, marriage or maternity.
Classicism vs Positvism
Classicism - Free willed, rational. Punishment in proportion to crime.
Positivism - determined by biology, medical treatment is required.
