The Strengths and Weaknesses of Classical Criminology
The development of the Classical theory was at a time where society was experiencing vast changes with the movement from feudalism to that of capitalism. This substantial transition took place in the 18th Century or Renaissance period where views and attitudes on religion were being challenged. Due to the influence of religion upon society at the time the challenge that it faced deeply affected society, including that of attitudes to crime. Feudalism was based upon repression with the majority of power, wealth and land being in the hands of only a few people. There was a significant absence of legal rights, punishment was brutal and justice was personalised. In reaction to this a group known as the 'enlightenment' philosophers emerged who argued that 'human problems should be tackled by the application of reason, rather than tradition, religion or superstition.'1 The Enlightenment thinkers argued for a criminal justice system which was 'predictable, non-discriminatory, humane and effective.'2 This line of argument formed the basis for the classicalist theory.
The Classical theory relies on the principle that humans have individual rights, the capacity to reason and the 'rule of law.' The voluntaristic view that humans have free will therefore means we are entirely responsible for our actions. We commit crime due to either using reason to outweigh the benefits against the detriments or because of an irrational decision. The Classical theory views everyone as having the equal capacity to reason therefore everyone should be treated equally under the law.3 In order to maintain both individual rights and order the Classicalist theory proposes that there should be a social contract between the governing state and the individuals. The Social contract states that we give up certain rights in return for both the safety of ourselves and our property. The 'rule of law' means we are treated equally under the law. The law is seen as essentially good and that crime is simply a violation of the law. Punishment was used only as a deterrent against committing crime working on a 'pleasure-pain principle, in which the pain of the sentence would outweigh any pleasure to be gained from committing the crime.'4
The influence of the Classicalist theory has been both positive and negative with both presenting challenging arguments. As Jock Young argues the Classical argument has been immensely influential upon both the legal and criminal side of society.5 Firstly the Classicalist theory presented a far more open and orderly justice system unlike its predecessor which was left at the discretion of the aristocracy. With the focus being upon the individual, and more importantly the individual's rights, a repressive attitude could no longer be taken in the Criminal Justice system. A sense of justice is given to all parts of society and not just a select few. The Classical theory is based on self interest of man, will and desire rather than that of God, making social problems easier to deal with and meaning that we have a society all working on the same basis of their reasoning ability. The basis of self interest as our motivation is something that all of society can relate to and provides 'a firm, realistic - perhaps even materialistic - foundation.'6 The tension in the theory between 'the rational self and the pursuit of self interest' has been tempered, as Young says, by reason. We are all endowed with free will and the ability to reason and for this the law views us equally, meaning that the justice system can move towards an objective basis. A system which is both fair and objective can be relied upon and is far easier to debate any disputes than a subjective one.
The development of the Classical theory was at a time where society was experiencing vast changes with the movement from feudalism to that of capitalism. This substantial transition took place in the 18th Century or Renaissance period where views and attitudes on religion were being challenged. Due to the influence of religion upon society at the time the challenge that it faced deeply affected society, including that of attitudes to crime. Feudalism was based upon repression with the majority of power, wealth and land being in the hands of only a few people. There was a significant absence of legal rights, punishment was brutal and justice was personalised. In reaction to this a group known as the 'enlightenment' philosophers emerged who argued that 'human problems should be tackled by the application of reason, rather than tradition, religion or superstition.'1 The Enlightenment thinkers argued for a criminal justice system which was 'predictable, non-discriminatory, humane and effective.'2 This line of argument formed the basis for the classicalist theory.
The Classical theory relies on the principle that humans have individual rights, the capacity to reason and the 'rule of law.' The voluntaristic view that humans have free will therefore means we are entirely responsible for our actions. We commit crime due to either using reason to outweigh the benefits against the detriments or because of an irrational decision. The Classical theory views everyone as having the equal capacity to reason therefore everyone should be treated equally under the law.3 In order to maintain both individual rights and order the Classicalist theory proposes that there should be a social contract between the governing state and the individuals. The Social contract states that we give up certain rights in return for both the safety of ourselves and our property. The 'rule of law' means we are treated equally under the law. The law is seen as essentially good and that crime is simply a violation of the law. Punishment was used only as a deterrent against committing crime working on a 'pleasure-pain principle, in which the pain of the sentence would outweigh any pleasure to be gained from committing the crime.'4
The influence of the Classicalist theory has been both positive and negative with both presenting challenging arguments. As Jock Young argues the Classical argument has been immensely influential upon both the legal and criminal side of society.5 Firstly the Classicalist theory presented a far more open and orderly justice system unlike its predecessor which was left at the discretion of the aristocracy. With the focus being upon the individual, and more importantly the individual's rights, a repressive attitude could no longer be taken in the Criminal Justice system. A sense of justice is given to all parts of society and not just a select few. The Classical theory is based on self interest of man, will and desire rather than that of God, making social problems easier to deal with and meaning that we have a society all working on the same basis of their reasoning ability. The basis of self interest as our motivation is something that all of society can relate to and provides 'a firm, realistic - perhaps even materialistic - foundation.'6 The tension in the theory between 'the rational self and the pursuit of self interest' has been tempered, as Young says, by reason. We are all endowed with free will and the ability to reason and for this the law views us equally, meaning that the justice system can move towards an objective basis. A system which is both fair and objective can be relied upon and is far easier to debate any disputes than a subjective one.
