Beccaria had extreme views against the death penalty, but he contradicted his views several times.
The main idea of the two key schools is to create sufficient approaches to stop deviant behaviour that are considered to be most dangerous to society.
Although the purposes of both approaches added to the reasons of criminal activities, both the schools present opposite philosophies to explain deviant behaviour White et al. Throughout this essay we will be discussing the key differences between classical and positivist understanding of crime in relation to the ideas suggested by the theorists of each approach.
The classical school of criminology was invented in the eighteenth century during the enlightenment era White et al. Introduction of classical theory also forced the rule of law and individual dignity, thus criminals were no longer exposed to retribution without originally being convicted by a legal judge in court Walters et al.
Cesare Beccaria, usually known today as the father of classical theory, along with well-known theorist Jeremy Bentham, was the legal reformers to begin this justice system in which all members of the social order were offered equal rights Burke, Beccaria not only suggested the removal of judicial discretion, but he also renowned the clarification of law by the judiciary provoked discretion Beccaria, By this theory, he explained that lawmaking must aim to please the majority of individuals in society White et al.
At the same time the main idea of classicism was to change the legal system, the key Criminology essays cesare beccaria englightenment of positivist school was to apply a scientific technique to control criminological explanations of crime Burke, As an outcome, positivist theorists were concerned with the sociological, psychological, and biological where the major causes of criminal behaviour Walter et al.
Additionally, the sociological concept of positivism clarifies that crime is typically a socially assembled occurrence that requires to be controlled in a given society explains Gottfredson et al. Enrico Ferri was a scholar of Lombroso, who examined social and economic influences that inspired criminals Gottfredson et al.
His goal was to increase social conditions and defend society from criminal predation White et al. Raffaele Garofalo was the other theorist of positivist school who suggested Criminology essays cesare beccaria englightenment as a virus in society, and thus announced the idea of life locking up and removal of criminal Gottfredson et al.
The theory of classicism implemented the idea that individuals are free-will, and so have the capability to make choices between the different types of behaviour White et al.
This idea endorses an important view that if an individual is free to choose their individual actions, they must also admit the significance of their choices Walter al. Walters and Bradley clarified that the free-will of an individual allows them to control the benefits and risks of committing a crime Walter al.
Thus, criminals freely select to commit a crime with full knowledge concerning the cost and benefits of their behaviour. Rational choice theory is also an important principle of classicism that intensely highlights the concept of free-will and human rationality Gottfredson et al.
This idea clarifies that people choose their behaviour based on useful calculation of pain and pleasure i. As an outcome, this removes the view of free-will and concludes that the offender had no choice prior to committing a certain crime Moyer, As stated before, classical theory observed crime as a choice; therefore, the criminals had to accept the responsibilities of punishment Walter al.
As a result, the inevitability rather than the brutality of punishment imposed a deterrent effect among crooks in classicism school Gottfredson et al. This reduced the odds of criminals to reoffend.
According to classical perspective, sentences were applied alike by the law to all offenders who committed the similar crime. In contrast, positivists discussed that crime was not a choice, so criminals were not held accountable for their criminal actions Burke, Additionally, the positivist school highlighted that because crime was a form a disease, criminals had to be treated, rather than disciplined by law White et al.
Yet, in an event of a born criminal, removal and continuous imprisonment was considered the practical option White et al.
Also, because different criminals were driven by different factors, there had to be a variety of variable treatments offered to the offenders Walters et al. Therefore, positivism showed a broader range of crime response and presented unknown sentences which enabled criminals to make rehabilitative development; as oppose to classical theory, which mainly trusted on fixed and determinant sentences White et al.
Classicists perceived no major difference between criminals and non-criminals. This school observed all individuals as equally when it came to the amount of committing a crime under a specific situation White et al.
But, there was a line of distinction drawn between criminals and non-criminals in positivists school Walters et al. Theorizers of this insight debated that there was a variation between normal and deviant behaviour, and thereby crimes were committed by offenders who were higher class in one way or the other White et al.
Positivists acknowledged criminals by numerous physical characteristics.
Criminals were therefore described to have an irregular head shape, a receding chin, large ears, a low forehead, jutting teeth, protruding jaw, abnormal large amount of figures and deformities of the eye white et al.
Furthermore, Lombroso presented the idea that offenders could be distinguished from non-criminals by atavism. This was linked to the idea that criminals have not completely evolved from apes hence, they constitute a lower form of life Moyer, Although these theories have so many advantages, at the same time it also has many disadvantages.
These disadvantages may be very little but it also has an impact on the outcome of the theory. He also argues that scientists do not bother looking at the labelling process of criminals, the fact that different social groups define criminality to be different, and scientists must also acknowledge the morals of the social groups making the authority to punish criminals in that society, so far positivism is purely dependant on crime stats argues Howard Becker To conclude we have seen two major schools which has had a great impact in the criminology department, these school have been invented to prevent crime from occurring and to identify criminals and no vn-criminals.
The two schools which we have seen are; Classical theory was introduced in the 18th century during the enlightenment period by the theorist Cesare Becarria and Jeremy Bentham.Cesare Bonesana-Beccaria, Marquis of Gualdrasco and Villareggio (Italian: [ˈtʃeːzare bekkaˈriːa] ; 15 March – 28 November ) was an Italian criminologist, jurist, philosopher, and politician, who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment.
Cesare Beccaria- "On Torture", Of Crimes and Punishments, Roxie Burger Andrea Haake Larissa Lamas "father of criminology", Italian enlightenment thinker "On Torture"- component of famous legal essay, On Crimes and Punishments Purpose of essay. Cesare Beccaria was known as the father of the modern criminology, But his views and his book On Crimes and Punishments was widely criticized by other who studied in the same field.
“A critical appraisal of the substance of On Crimes and Punishments is difficult to make, because it is a document full of many of obscurities and contradictions.
This book traces the intellectual history of criminology, analyzing the influence of early classical European concepts of criminality and the development of positivist methodologies.
It is an original and carefully researched work, adding significantly to our knowledge of the history of criminology. From Cesare Beccaria's Dei delitti e delle pene to Charles Goring's The English Convict.
Classical theory in criminology has its roots in the theories of the 18th century Italian nobleman and economist, Cesare Beccaria and the English philosopher, Jeremy Bentham (Hollin, , 2). It was based on principles of utilitarian philosophy.
The editors have based this translation on the Francioni text, the most exhaustive critical Italian edition of Dei delitti e delle pene. This edition is the last that Beccaria personally oversaw and revised.