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How does positive criminology differ from classical criminology in its approach to understanding criminology nad responding to criminals.

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Introduction

How does positive criminology differ from classical criminology in its approach to understanding criminology nad responding to criminals. The classical school of criminology was around in the eighteenth century. It came abount in a time when the previous dominent spiritual look at defining crime and criminal behaviour was being challenged by a newer naturalistic approach of the social contract theorists. The classical school was the established ideas of monarchs, fedual lords and the fathers of the church. The main pioneers of the clasical school were Cesar Beccaria ( 1738-1974) from Italy and Jeremy Bantham from Britain (1948-1832). From them writing their theories in the eighteenth century they established the essential components of the rational actor model. They both shared the idea that crime and criminal behaviour could be understood and controlled by human nature. The classical school was not intrested in studying crime and criminals, it got its theorys from law making and legal processing. The new ideas of '' enlightenment'' philoshefers were Montisque, Rasseau, Voltaire, Thomas Aquins and Locke. ...read more.

Middle

for example, if someone is caught steeling 3000 pounds, then he should be made to pay back 4000 pound fine back. Or stay in prison for the same ammount of time that the person would have taken to earn the 3000 pounds. Cesear Beccaria believed that there should be a fixed punishment for crimes written into the law and not be changed. He believed that all people should be trated equally and the punishments should not be changed from person to person. His theory can be summerised into the following 13 propositions (taken from an 2nd edition introduction into criminogical theory by Roger Hopkins Burke). 1) In order to escape social chaos, each member of sociey must sacrifice part of their liberty to the sovereignty of the nation state. 2) To prevent individuals from infringing the liberty of others by breaking the law, it is nessecarry to introduce punishments for such breaches. 3) ''The despotic spirit'' or the tendoncy to offend is in everyone. ...read more.

Conclusion

Baccaria supported very strongly, supported the social contract theory. He believed that people could only be ligitimally bound to society if they have iven their consent to the societal arrangments. The nessicary conditions for the social contract are mostly provided by the law. We as citizans and the state have a social contract. We as people pay our taxes, obay the law and the state provides us with security. The police represent the state. In proportion to all this, the law must specify the relationship between law and the punishment given. The Punishment must come very soon and as quick as possible after the crime has been commited. The judge's and the jurys administer the law and punishment and interprate the law. Beccaria's theorys have a huge impact on modern criminal law. The idea of free will is built into many legal codes. Jermy Bantham was a philoshopher and a leading disciple of Beccaria. He too thought that human nature had some place in people becoming criminals. He too was a believe that people would commit crime to minimalise pain and maximise pleasure. Bantham believed that it was incorect up-bringing that caused people to commit crime. ...read more.

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