Tuesday, January 15, 2019

Classicism Versus Positivism

Two criminological approaches that have the origin in modern criminology ar classicism and positivism. Classicism has the origin in the eighteenth century and positivism in the nineteenth. Both, the classical and the positivism theory be grow in the past with their own roots, but in today roughshod justice system are still alive. Classicism was first develop by Cesare Beccaria and Jeremy Bentham, two famous writers which propose in their works that both(prenominal) law and administration away of justice should be based on cause and human rights. Cesare Beccarias concept of punishment is that punishment should fit the crime.Criminals are seen to owe a debt to society and punishment should be fixed purely in proportion to the seriousness of the crime. (Beccaria, 1974 cited in Burke, 2001, p. 27) and Jeremy Bentham superlative principle was the greatest happiness for the greatest number, he felt that punishments should be calculated to overturn pain in direct proportion t o the damage done to the reality interest. (Criminology a companionable introduction, guerilla edition, p. 56) Positivism or the science of crime was first developed by Cesare Lambroso in the late nineteenth century.He is the bring out of modern criminology and he is known for his notion of the atavistic barbarous (Taylor et all, 1973, p. 41) and he described criminals as atavistic, a throwback to an earlier form of evolutionary life (Taylor et all, 1973, p. 41). Cesare Lambroso defined them into five main categories born criminals, epileptics, insane criminals, periodical criminals and criminals of passion. (Lecture 3) Positivism within criminology has been enormously influential and comes for substantive and sustained criticism.Critics of soulfulness positivism such as David Matza (1964) argue that it draws on three gnarled sets of assumptions (Tierney, 1996) determinism, speciality and pathology. (Criminology, Tim Newburn, p. 128) Firstly both criminological approaches have different attitude on the human subject. The classicalist theory says that human are rational beings with a free will to act and once they make a purpose they must accept the consequences after it. They are individuals and they make a ration option.On the other hand the positivist theory says humans have no moral responsibility, they are driven into crime by forces largely out of their control and they are using methods derived from the natural sciences and their crime is caused by biological, mental or social factors (determinism). Crime is not a free choice but is determined. Positivism is a deterministic theory. (Criminology a social introduction, moment edition, p. 63). Secondly in the classical model unlike positivism, it views committing crime as making a free choice (Criminology a social introduction, second edition, p. 8). In positivism theory we can find a differentiation, the criminal is a specific type of person (Criminology a social introduction, second editio n, p. 62) and criminals differ from non-criminals. Thirdly between classicism and positivism is as well a pathology difference the criminals are not only different there is something wrong with them. Cesare Lombroso identified not just the born criminal, but likewise the emotional criminal, the morally insane criminal and masked epileptic criminal (Criminology a social introduction, second edition, p. 62).In conclusion these two contrasting approaches are different and contain distinct periods in the past, classicism and positivism. I deliberate it is fair to say that their existence is not as heavily relied upon as it once was in the past. Bibliographic reference An introduction to criminological theory, Roger Hopkins Burke. (2001) Criminology a social introduction, Eamonn Carrabine, Pam Cox, Maggy Lee, Ken Plummer and Nigel South. (Second edition, 2009) The New Criminology, Taylor, I. , Walton, P. and Young, J. , Chapter 1. London Routledge and Kegan Paul. (1973) Criminology, Tim Newburn. (2007)

No comments:

Post a Comment