Term 2 Lecture 1- Classical School Flashcards
What are the key readings?
Raymen, Beccaria, Carrabine
What are the key points from Beccaria?
‘Punishment should fit the nature of crime’
Punishment and the consequence of crime must have effectiveness on others and be lenient or society is not legitimate
Understanding of the laws can lead to reductions of crime
A schism can occur between those who are represented by the sovereign and those represented by the accused
The severity of punishment may not benetif others
What are the key points from Raymen?
The rich using their resources for protection against the other (Atkinson, 2008)
SCP measures have allowed detaching from others and increasing social inequality
Consumer capitalism and SCP: creating non places
SCP has allowed deterrents so criminal do not see them as easy targets (Hough et al, 1980)
What are the key points from Carrabine?
Classicism= explains crime as a free will decision to make a criminal choice
Christian view of crime= behaviour is due to depravity and sin of all mankind
Enlightenment views: reason, empiricism, science, universalism, progress, individualism, freedom, human nature, tolerance, secularism
Problems with the classical model: overly rational vision of human nature, regards crime a result from free choice, assumes individuals live in societies are organised fair
The criminal body: low forehead, prominent jaw and cheekbones
Lombroso- physiognomy
Positivist inheritance, the criminal (emotional or the born or the morally influence), criminals differs from others, criminal is driven through crime due to uncontrollable factors
The XYY, super male criminal
What is the pre-enlightenment era laws based on?
Laws were based on customs and were unwritten (based on personal interpretations)
What offences focus on in the pre-enlightenment?
Focus on protecting institutions like the royalty or the church rather than the individuals
What was society organised in?
Organised in classes where high status people were believed not to be naturally able to commit crime, the belief that they had a divine spirit meaning they weren’t able to commit crime
What were the concepts of crime associated with in the pre-enlightenment era?
The concepts of crime was not associated with wrong acts but was a spiritual understanding to be associated with the mind and soul of individuals, so corrupted souls needed cleansing
What was the punishment in the pre-enlightenment era?
Imprisonment as punishment was relatively rare, instead people were flogged, mutilated or killed.
When was the enlightenment era?
In the French Revolution
What ideas occurred in the Enlightenment period?
Ideas of what is immoral and individuality within the law
What key thinkers were associated with the Enlightenment?
Descartes, Rousseau, Smith, Kant
What did Rousseau say about why people act?
Due to a rational mind that leads them to different acts and the convenience within decision
What concepts were within the Enlightenment?
Rationality and intelligence
What is rationality and intelligence?
Humans are able to understand themselves and their actions. They act to promote their own best interests and hinged on punishment and retribution
How is punishment modulated in the Enlightenment period?
Around free will and responsibility (which act is most convenient). An act that is committed is due to a free, irresponsible choice
What does John Locke say about society?
Functional society needs to understanding that every individual that makes up the society needs to cohabit within a community
What does John Locke say about how to run a society?
We need to give up little things to live alongside others such as freedom
When does our freedom stop?
If we start harm others as we are free to a certain point
What is the Social Construct (1960)?
The state should protect citizens from greedy, cruel and unfair
What does Cesare Beccaria redefine?
The relationship between the forms of government and individuals
What does Beccaria say about government?
The government is not a domain of the higher classes (says that the higher classes should not be the only class that can exercise power on others)