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Classical school & Positive school

Published by Md Gausul Azam Badhon Study at Jagannath university Department of Social Work.

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Jeremy Bentham, Cesare Beccaria, William Blackstone, Robert Peel
Main features of Classical School ;
i. All people are guided by freewill;
ii. All behavior are guided by hedonism;
iii. All crime is the result of freewill & hedonism;
iv. All punishment should feet the offence;
v. Bad people are nothing more that the result of bad laws;
A.Human nature :
Two assumptions of human nature by Cesare Beccaria
I. People are selfish & pursue their self interest ,they want to avoid pain &
increase happiness.
II. People are rational ,capable of calculating what is really their self interest
& that can be considered for free.
B. Social contract
I. If people live without government, their would conflict &
their lives would be that of perpetual war, their would be
no security & hence little happiness.
II. People agree to give up some of their freedom for the
shake of their overall security & happiness & they make
promise not to do some activities & do others, this
promises are laws.
C. Government
i. The sovereign government can now conceived as the sum of this
individuals promises .The people have treated the government
defend their mutual promises by laws & punishment . In this
way, the government is legitimated by the people.
ii. Though the govt is legitimated, it cannot do whatever it
pleases .It is also limited by social contract . People want as
much freedom as possible & have only agreed to give up as
much freedom as was necessary for their security . To protect
their security the govt can interfere that freedom only as much as
necessary.
iii. But how much is necessary because the govt was created out of
the individuals quest for security & happiness & share among
greatest member.
D.Laws
Govt will also be controlled by law & formulated some laws.
Some consequences of laws;
I. Laws bind all members of society equally;
 Law is blind to rank or class
 Punishment are the same for the highest as for the
lowest in the society
2.Laws define crime as a breach of social contract
Only actions , not intentions determine ones punishment
Only the state not private individuals has the right to
punish
3.Laws not judges determine punishment
Laws are fixed ; Judges can apply not interpret the
laws
Judges cannot judge morality but only judge
breaches of social contract
4.Naturul rights (Human rights prior to loss) can ne
distinguished from social rights created by laws
Banishment is social death: The death of citizen; The
citizen dies& the man remain
But the death penalty violates ones natural rights &
thus is not legitimated by the social contract

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Classical school & Positive school

  • 1. Jeremy Bentham, Cesare Beccaria, William Blackstone, Robert Peel Main features of Classical School ; i. All people are guided by freewill; ii. All behavior are guided by hedonism; iii. All crime is the result of freewill & hedonism; iv. All punishment should feet the offence; v. Bad people are nothing more that the result of bad laws;
  • 2. A.Human nature : Two assumptions of human nature by Cesare Beccaria I. People are selfish & pursue their self interest ,they want to avoid pain & increase happiness. II. People are rational ,capable of calculating what is really their self interest & that can be considered for free.
  • 3. B. Social contract I. If people live without government, their would conflict & their lives would be that of perpetual war, their would be no security & hence little happiness. II. People agree to give up some of their freedom for the shake of their overall security & happiness & they make promise not to do some activities & do others, this promises are laws.
  • 4. C. Government i. The sovereign government can now conceived as the sum of this individuals promises .The people have treated the government defend their mutual promises by laws & punishment . In this way, the government is legitimated by the people. ii. Though the govt is legitimated, it cannot do whatever it pleases .It is also limited by social contract . People want as much freedom as possible & have only agreed to give up as much freedom as was necessary for their security . To protect their security the govt can interfere that freedom only as much as necessary. iii. But how much is necessary because the govt was created out of the individuals quest for security & happiness & share among greatest member.
  • 5. D.Laws Govt will also be controlled by law & formulated some laws. Some consequences of laws; I. Laws bind all members of society equally;  Law is blind to rank or class  Punishment are the same for the highest as for the lowest in the society 2.Laws define crime as a breach of social contract Only actions , not intentions determine ones punishment Only the state not private individuals has the right to punish
  • 6. 3.Laws not judges determine punishment Laws are fixed ; Judges can apply not interpret the laws Judges cannot judge morality but only judge breaches of social contract 4.Naturul rights (Human rights prior to loss) can ne distinguished from social rights created by laws Banishment is social death: The death of citizen; The citizen dies& the man remain But the death penalty violates ones natural rights & thus is not legitimated by the social contract
  • 7.  Punishment are necessary because of human selfishness we would seek to brake the social contract it was in our self interest is to do . Therefore punishment should not deny human selfishness but supply motives to make it in our self interest not to brake the law .
  • 8.  Punishment is preventive . It should be guided by the idea of deterrents I. Specific deterrents: Punishing & individual offender to prevent her from repeating her act . II. General deterrents: Punishing & offender as an example to the rest of the security . Deterrents depends on two condition I. Punishment must be proportional to the crime . II. The public must be clear & certain knowledge of the punishment
  • 9. i. The punishment should feet the crime & criminal . ii. Punishment should not be accessibility harsher then the crime . iii. Excessive punishment encourage crime . By making minor & serious crimes equally punishable. Overall -------
  • 10. CRIME , CRIMINAL , PUNISHMENT & REHABILITATION LOMBROSSO,DARWIN
  • 11. i. Demand for facts & scientific prove . ii. There are body & mind difference people . iii. Punishment should feet the individual criminal not the crime . iv. Criminal justice system should be guided by scientific expert . v. Criminals can be treated , rehabilitated or corrected (if not then they are incurable & should be could be death .
  • 12. I. Human behavior is determined not a matter of freewill . II. Criminal are fundamentally different from non criminals . III. Crime is fundamentally caused by multiple factors . IV. Society is based on consensus not on social contract. V. Social scientist can be objective value neutral .
  • 13. Issues Classical School Positive School Roots Enlighten Modern person Focus Criminal administration Criminal person Approach Philosophical-Social contract theory , utilitarianism Scientific , positivism , laws measurement View of human nature Freewill hedonism morally responsible for own behavior Determined by biological , psychological , environmental & social issues View of justice system Social contract exist to protect society ; due process & concern with civil rights , reinstructions on systems , definite system Scientific treatment system to cure pathologies & rehabilitate offenders ; concerned with human rights , indefinite system Form of Law Laws of the country are specified & sanctioned Social law is determined with the provision of legal & illegal acts Purpose of sentence Punishment for deterrence ; sentences are determinate Treatment reform ; sentences are determinate Parts Philosophers & social reformers Scientist & treatment experts