Copyright © 2008 Pearson Education Canada Inc. 5- 1 The Classical Thinkers Chapter 5.

Copyright © 2008 Pearson Education Canada Inc.Copyright © 2008 Pearson Education Canada Inc. 5- 5- 11

The Classical Thinkers

Chapter 5

Copyright © 2008 Pearson Education Canada Inc. 5 -2

Forerunners of Classical Forerunners of Classical ThoughtThought

MoresMores Proscribe serious violations of a group’s Proscribe serious violations of a group’s

values.values.

FolkwaysFolkways Time-honoured customs based on Time-honoured customs based on

traditions.traditions.

LawsLaws Codified into formal strictures.Codified into formal strictures. Created for enforcement purposes.Created for enforcement purposes.


Two Categories of CrimesTwo Categories of Crimes

Mala in seMala in se offences offences Fundamentally wrongFundamentally wrong E.g. sexual assaultE.g. sexual assault

Mala prohibitaMala prohibita offences offences Acts that are wrong only because they are Acts that are wrong only because they are

prohibited.prohibited. Not necessarily a crime in all jurisdictions.Not necessarily a crime in all jurisdictions. E.g. drug useE.g. drug use


The Demonic EraThe Demonic Era

Good versus EvilGood versus Evil

Interpretations of evil range from the Interpretations of evil range from the cosmic level (e.g. karma, fate, etc.) to cosmic level (e.g. karma, fate, etc.) to personal deviance resulting from personal deviance resulting from demonic possession.demonic possession.


Early Sources of the Early Sources of the Criminal LawCriminal Law

►The Code of HammurabiThe Code of Hammurabi

►Early Roman LawEarly Roman Law

►Common LawCommon Law

►The Magna CartaThe Magna Carta


The Code of HammurabiThe Code of Hammurabi

►One of the first known bodies of law.One of the first known bodies of law.

►Focused on issues of theft, property Focused on issues of theft, property ownership, sexual relationships and ownership, sexual relationships and interpersonal violence.interpersonal violence.

►Emphasis on retribution.Emphasis on retribution.


Early Roman LawEarly Roman Law

►Derived from the Twelve Tables.Derived from the Twelve Tables.►Basic rules regulating family, religion, Basic rules regulating family, religion,

and economic life.and economic life.►Based on common and fair practices.Based on common and fair practices.

►The Justinian CodeThe Justinian Code Public lawPublic law Private lawPrivate law


Common LawCommon Law

►Unwritten legal precedents supported Unwritten legal precedents supported by court decisions.by court decisions.

►Based on shared traditions and Based on shared traditions and standards.standards.

►Often referred to as “Often referred to as “thethe major source major source of modern criminal law”.of modern criminal law”.


The Magna CartaThe Magna Carta

►““great charter”great charter”

►Concept of “due process of law” Concept of “due process of law” derived from Magna Carta.derived from Magna Carta.

►““the foundation stone of our present the foundation stone of our present liberties”liberties”


The EnlightenmentThe Enlightenment

Thomas HobbesThomas Hobbes Social contractSocial contract

John LockeJohn Locke Tabula rasaTabula rasa Checks and balancesChecks and balances

Jean-Jacques Jean-Jacques RousseauRousseau Natural law Natural law


The Classical SchoolThe Classical School

►Developed from the period of the Developed from the period of the Enlightenment.Enlightenment.

►Crime and deviance viewed as Crime and deviance viewed as products of the exercise of free will.products of the exercise of free will.



Cesare Beccaria (1738-1794)Cesare Beccaria (1738-1794)

Punishment should:Punishment should: be a deterrentbe a deterrent be swift and certainbe swift and certain fit the crimefit the crime



Jeremy Bentham (1748-1832)Jeremy Bentham (1748-1832)

►Pain must outweigh pleasure.Pain must outweigh pleasure.

►Hedonistic calculus / utilitarianismHedonistic calculus / utilitarianism

►PanopticonPanopticon


Heritage of the Classical Heritage of the Classical SchoolSchool

1.1. The principle of rationalityThe principle of rationality

2.2. The principle of hedonismThe principle of hedonism

3.3. The principle of punishmentThe principle of punishment

4.4. The human-rights principleThe human-rights principle

5.5. The due-process principleThe due-process principle


Neo-Classical CriminologyNeo-Classical Criminology

Rational Choice TheoryRational Choice Theory Routine activity theoryRoutine activity theory Situational choice theorySituational choice theory

Situational Crime Control PolicySituational Crime Control Policy Focus on the context in which crime Focus on the context in which crime

occurs.occurs.


Punishment and Neo-Punishment and Neo-Classical ThoughtClassical Thought

Just DesertsJust Deserts offenders deserve offenders deserve

punishmentpunishment

DeterrenceDeterrence specific specific deterrencedeterrence

general general deterrencedeterrence

recidivismrecidivism

The Death PenaltyThe Death Penalty

deterrencedeterrence

retributionretribution

just desertsjust deserts

Public HumiliationPublic Humiliation deterrencedeterrence

retributionretribution

just desertsjust deserts


Policy Implications of the Policy Implications of the Classical SchoolClassical School

Individual-Rights AdvocatesIndividual-Rights Advocates DangerousnessDangerousness Incapacitation Incapacitation

Law-and-Order AdvocatesLaw-and-Order Advocates Get-tough-on-crime policies Get-tough-on-crime policies

Copyright © 2008 Pearson Education Canada Inc. 5- 1 The Classical Thinkers Chapter 5.

Documents

Transcript of Copyright © 2008 Pearson Education Canada Inc. 5- 1 The Classical Thinkers Chapter 5.