Classicism (Week 2) Flashcards
who are the two main theorists of classism?
Beccaria and Bentham
how is law and the criminal justice seen?
protects human rights intrinsically good reflects reasoned beliefs of law makers based on individual rights consensus of society of good and bad
crime is?
a free choice, an irrational thought
beccaria focused more on what than what?
prevention more important than punishment
the implication of classicism on law making?
the law should be clarified, by codifying, simplifying and making accessible.
eg. case laws, reducing suspended sentencing, punishment must outweigh gain of crime
WHat did beccaria think of crime and society?
Crime was an injury to society
the basis of all social action should be ultilitarian concept of greates happiness for greatest number of all peopl
what is just deserts?
basis of sentencing reform in western society
individual discretion and rehab should aim
justice must be served
it must be seen
focus is on the offence not the offender
how does the classical theory describe humans?
they have the capacity to reason they have free will self interested self seeking hedonistic voluntaristic rights holders free choosing rational beings