Classicism indepth Flashcards
When did Classicism emerge?
18th century. Has its roots in ideas emerging in 17th century – especially utilitarianism and social contract theory. It was highly critical of established social order and religious interpretations of the natural world. As such, it rejected spiritualist interpretations of the crime problem (e.g. crime as caused by demonic possession)
Questioning the uncodified laws/punishments and high autonomy of judges - saw it as unfair as led to unequal applications of punishments
Social contract theory
Hobbes - legitimacy of social justice systems was based on a social contract between the individual and the state, which was based on free will - ensuring mutual protection to avoid ‘a war against all’. People agree to give up some freedom in the interest of the mutual good – this is the social contract. Draws upon utilitarianism - understanding of humanity as rational
Locke
Punishing for reparation and for restraint. The proper amount of punishment is the amount that will provide restitution to injured parties, protect the public, and deter future crime.
Reformation of the CJS rationale
Theorists argued that individuals would not agree to enter into a system that allowed for the leaders to impose arbitrary, harsh punishments – they therefore argued for the establishment of a reformed, equitable and efficient system of justice. Laws should be codified, publicised, with obvious punishments. Thus they proposed a rational, codified legal order – focused on deterring criminal behaviour, rather than reforming the offender (due to their pathology, maladjustment etc).
Optimistic?
They were fairly optimistic about crime – they believed that fairer, better regulated social order would decrease crime
Understanding of rational action
Draws upon utilitarianism - all actions are rational with individuals performing a pleasure/pain calculus
Deterrent focus
Focused on deterring criminal behaviour rather than reforming the offender (basis in rational action not in pathology)
Beccaria, ‘A Fair and Equitable System of Justice’ 7 tenets
1) Role of legislature (rather than arbitrary power of monarchy) to define crimes and specific punishments
2) Judges should not use discretion
3) Judgement based on seriousness of crime
4) Proportionality of punishment to crime
5) Prompt punishment – more likely to deter crime
6) Certainty of punishment – more likely to deter crime
7) Importance of publicising laws
Jeremy Bentham
Believed that punishment was only justified if it contributed to the greatest happiness for the greatest number of people. Punishments which went beyond this were irrational – e.g. Torture was unfair and might be damaging for example by encouraging reprisals. Made a massive contribution to penal reforms. For instance the panoptical – a prison design – emphasis upon deterrence, arranged for continuous surveillance but with prison inspector hidden.
This leads to inmates having to self-discipline; a model of power which Foucault associates with modernity power theories
Enduring influences?
Penal code system
Free will/criminal as rational actor - foundations of routine activity and rational choice theory
The presence of ‘intent’ in crime - therefore cannot see mentally ill/children etc as culpable
Proportionality of punishment
Due process/checks within CJS to ensure system is fair
Why did it decline in fashion? When?
By end of C19th - there were not random fluctuations in crime as they had anticipated, but the emergence of statistics showed that crime rates were regular. As such, criminality cannot be entirely linked to free will. Crime was also increasing, not decreasing, after CJS reforms were applied. emerge of Positivist explanations.
