The scientific methods that positivist use to study crime can be stated as; firstly Case studies and experiments involving segregation and surveillance of deviants. Their examination and classification. Secondly Surveys and questionnaires are also developed to study crime patterns in society. (Lecture 3 handout).
Accordingly to P. Williams and M. Mc Shane (1991, p41) all the major points of the school are; Humans live in a world in which cause and effect operate. Attributes of that world exhibits order and can be uncovered though systematic observation. Crime can be remedied by means of systematic study of human behaviour. Via the application of science human existence is perfected or at least made better.
Criminal behaviour is a product of abnormalities, Abnormalities features can be found when comparison with norm, Abnormalities should be treated and criminals reformed, Treatment is both for the individual, so he may become normal and for the society, so that members of society are protected from harm. The purpose of sanctions against criminals is not to punish but to provide treatment.
I have covered positivist theory and now I will explain the classicalist theory.
Classical criminology can be defined as: the foundations of the rational actor model of explaining criminal behaviour-people are rational human beings who choose to commit criminal behaviour and can be dissuaded from doing so by the treat of punishment (Burke Hopkins 2001:p270).
Classical criminology emerged in the 18th century the name deprives from the entire period of time ‘classical period’. Classicalist view humans as autonomous and have rational choice to make decisions, classicalism initial was not concern with studying the criminal behaviour but its focus was on lawmaking and legal processing (P. Williams and M. Mc Shane (1991, p14) . Two famous classicalist writers Ceasre Beccaria (1738-1794) and Jeremy Bantham (1748-1832) proposed in their works that both law and administration of justice should be based on rationality and human rights.
Classicalist school views human as free-willed, rational beings, utilitarian. The school focuses on legal definition of crime rather then the criminal behaviour. Beccaria’s concept of punishment is that it should fit the crime; punishment should be proportion to the seriousness of crime. The aim of crime control is to reduces social disorders and create safer society.
Accordingly to P. Williams and M. Mc Shane 1991:p22 all the major points of the school are;
Individuals live in a free world and make their own rational decisions. People have natural rights, to life, liberty and ownership. Citizens create governments and the state is there to protect their rights, and there is a social contract between them, all people are equal in their rights and should be treated equally. Crime is a breach of social contract therefore crime is a moral offence against society. Punishment is justified only to preserve the social contract, punishment should be used a deterrent for others not to breach their social contracts.
I have explained what the two criminological theories are now I am going to find factors that distinguish these theories from one another.
Positivist view on human nature and the classicalist view on human nature
The positivist, look at human nature as driven by biological and psychological and social environment. The human subject has no moral responsibility consensus orientated.
Classicalist view on human nature, as humans is hedonistic, free-free willing, rational, morally responsible for their own behaviour,
The distinguish factor here is that both schools of theory have different prospective on the human subject the positivist says humans have no moral responsibility because their actions are driven by biological or psychological and social factors. On the other hand the classicalist say the opposite, human are rational beings and have a free will to act according as they see fit so once they make a decision they must accept the consequences after it.
Cause of crime; positivist, not evolved (atavism), throw backs of society, biological environment, and maternal deprivation.
Classicalist, individuals, choice to breach their social contract they make a ration choice. Positivist view it has a biological, social and psychological factor, the classicalist as a breach of social contract by a rational being.
View of justice system, positivist, scientific treatment to cure pathologies and rehabilitate offenders. Classicalist, social contracts exist to protect society; due process and concern with civil rights; restriction on system.
We see the positivist trying deal with criminality with science and treat whilst the classicalist from a legal prospective.
Managing the crime, positivist, therapy, drug treatment, behavioural regimes. Classicalist, emphasis that punishment for deterrence; sentencing are fixed lengths going back to their policy that punishment should be proportionate to the crime committed.
Positivism says treat the criminal with therapy and other scientific means and the classicalist says one has to be punished with a fixed sentence, again we see one school looks at a scientific means to reduce social disorder and the other one try’s to find a legal process to deal with the problem.
Criminological experts: the experts who hold the positive view are mainly scientist and treatment experts. The experts who hold a classicalist view are mainly philosophers and social reformers. Positivist, are mainly scientist and treatment works because they believe that due to the advancement in science they can explain things and treat individual. The classicalist, are mainly philosophers and social reformers because they already have the opinion that all human are autonomous beings and everyone is equal and if one assumes that then one has to take into consideration that naturally people make rational choices, classicalism has a political element where it says about a social contract with the government and when breached you will be punished because the government is there to protect citizen rights.
I have finished explaining the two theories and the major points in each one also I have explained and distinguished the factors that make each theory different from each other. Now I will summaries everything in my conclusion.
Conclusion
I have distinguished and contrasted the two theories and found the factors that contrast them and make the two schools different from one another. I must say that none of the theories are wrong nor does any evidence suggest that they are full of flaws but it is open to debate. Positivist approach may be seen by some as an ideal way to deal with social disorder some may disagree and say classicalism is far more better in dealing with social disorder, my opinion is that in modern times id rather approach social disorder from a positivist perspective.
Bibliography
Roger Hopkins Burke 2001, an introduction to criminological theory, Devon: Willan publishing.
Frank P. Williams III, Marilyn D. Mc Shane 1999 third edition, criminological theory, New Jersey: Prentice hall
Lecture 3 notes handouts