Simone Lawson
The classical school of criminology emerged during the Enlightenment in the 17th and 18th centuries, in response to cruel and inconsistent punishment practices. Theorists such as Cesare Beccaria and Jeremy Bentham believed that existing criminal justice systems lacked reason. They advocated for a social contract, where citizens give up certain liberties to the government in exchange for protection and order. This school of thought influenced the creation of clear guidelines for punishments, with the belief that swift and proportional punishments deter crime. While the classical school of criminology has shaped modern judicial systems, it has been critiqued for assuming that all individuals are rational and act with free will.
| Characteristics | Values |
|---|---|
| Clear system of justice | Having clear guidelines and a cohesive criminal justice system |
| Fair and equal treatment | Sentences that match the severity of the crime |
| Rationality | Belief that humans have free will and the ability to think rationally |
| Hedonism | People seek to avoid pain and pursue pleasure |
| Punishment | Punishment can deter crime if it is proportional, fits the crime, and is carried out promptly |
| Human rights | Important to the American justice system, which ensures punishment is not excessive or unreasonable |
| Due process | A fair trial where the penalty suits the crime |
| Welfarism | Separation of church and state, and the abolition of slavery and capital punishment |
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What You'll Learn
The influence of the Enlightenment
The classical school of criminology emerged during the Enlightenment, a period of drastic social and political change. Enlightenment philosophers questioned the role of government and the rights and values of individuals in relation to the law. They advocated for freedom of thought and speech, religious tolerance, scientific achievement, greater education, rational thinking, and the pursuit of happiness. This shift in thinking sparked an interest in crime, the psychology and philosophy behind it, and its associated punishments.
The Enlightenment influenced the development of the classical school of criminology in several key ways. Firstly, it challenged the idea that crime was caused by supernatural forces, instead attributing it to human decision-making guided by self-interest, rationality, and hedonism. This view of humans as reasoning beings who engage in conscious deliberation is a fundamental assumption of the classical school. Secondly, the Enlightenment's focus on individual rights and liberties shaped the classical school's emphasis on fair and equal treatment, ensuring that punishments were proportional to the crime and not excessive or unreasonable. This included the abolition of cruel and unfair punishments such as torture and the death penalty.
The social contract theory, which emerged during the Enlightenment, also played a significant role in the classical school's development. Philosophers such as Cesare Beccaria and Jeremy Bentham believed that individuals enter into a social contract with the government, exchanging certain liberties for protection and order. Beccaria argued that laws and punishments were essential to upholding this social contract, and that swift and certain punishment acted as a deterrent to criminal behaviour. This idea of deterrence through proportional punishment is a key principle of the classical school.
The Enlightenment's influence on the classical school of criminology led to significant reforms in criminal justice systems. The classical school advocated for a clear and cohesive system of justice, with consistent guidelines for sentencing, thus addressing the variations in punishments that existed prior to the Enlightenment. This emphasis on a rational and uniform approach to punishment contributed to the creation of a code of ethics that guaranteed a fair trial and appropriate penalty, reforming how courts administer punishments.
Overall, the Enlightenment's focus on individual rights, rational thinking, and social contract theory shaped the key principles of the classical school of criminology, leading to lasting changes in the understanding and administration of criminal justice.
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The social contract
The classical school of criminology emerged during the Enlightenment in the 17th and 18th centuries, in response to cruel and inconsistent forms of punishment. The Enlightenment saw people question the role of government and assert their rights and values in society. This shift in thinking sparked an interest in crime and punishment, and the psychology and philosophy behind it.
The classical school of criminology is associated with philosophers Cesare Beccaria and Jeremy Bentham, who are considered the founding fathers of criminology. Their ideas were in line with the social contract theory, which emerged during the Enlightenment. The social contract theory focuses on the relationship between citizens and their government. It asserts that people give their consent to be ruled by a sovereign or ruler, exchanging certain liberties for protection. This relationship establishes a moral order and political rules for behaviour.
Beccaria, in particular, argued that the social contract was upheld by laws, and people would follow these laws if the punishments acted as deterrents. In his 1764 treatise, 'On Crimes and Punishments', Beccaria advocated for the reform of the criminal justice system, including the elimination of torture, secret accusations, and the death penalty. Beccaria believed that punishment should be utilitarian, serving the greater good rather than exacting revenge. He argued that the purpose of punishment was to deter crime, and that the greatest deterrent was the certainty of detection.
Bentham, a utilitarian, was interested in the happiness and well-being of the population. He believed that punishment should always be justified in terms of a greater good. At the heart of his writing was the idea that human behaviour is directed at maximising pleasure and minimising pain.
The classical school of criminology influenced modern judicial systems by emphasising the rationality of citizens, human rights, and due process. It also led to the creation of a code of ethics to guarantee those who commit crimes a fair trial, where the penalty suits the crime.
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Human rationality and free will
The classical school of criminology emerged during the Enlightenment Age, which began in the mid-17th century and continued through the 18th century. The Enlightenment saw the emergence of new institutions of governance and the replacement of old traditions with modern values and ideals. Philosophers of the time encouraged people to fight for greater rights and freedom of thought and speech, and to question the role of government.
The classical school of criminology is based on the belief that humans are rational and possess free will. This perspective, developed by scholars such as Cesare Beccaria and Jeremy Bentham, suggests that individuals make rational choices to commit crimes, weighing the potential benefits against the risks and costs of getting caught. This is known as rational choice theory. According to this theory, people will think through a cost-benefit analysis to determine the best course of action. Legal consequences are only one of many considerations that individuals might think about when deciding whether or not to commit a crime. The potential benefits or pleasures of a crime might outweigh any potential legal consequences, especially if the risk of getting caught is low.
The classical school of criminology defines the main object of study as the offence rather than the offender. The nature of the offender is defined as being free-willed, rational, calculating, and normal. Classical criminology assumes that criminals make a conscious decision to commit a crime and that their behaviour is driven by self-interest and the desire to maximise pleasure and minimise pain. This is in contrast to the positivist school of criminology, which states that the nature of the offender is driven by biological, psychological, and pathological influences.
The classical school of criminology has been influential in shaping the criminal justice system and modern approaches to crime control and justice. Its key principles include the belief in deterrence through punishment, the idea of proportionality in sentencing, and the emphasis on individual rights and due process. Classical criminology laid the foundation for a more rational and humane approach to punishment, contributing to the emergence of modern criminal justice systems that prioritise rehabilitation and societal protection over vengeance.
However, one of the main criticisms of classical criminology is that it oversimplifies human behaviour by assuming that all criminals are rational and act out of free will. In reality, factors such as mental illness or physical defects can influence an individual's behaviour and decision-making. Today's criminal justice system integrates a more complex understanding of criminal behaviour, taking into account factors such as socioeconomic background, mental health, and societal influences.
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Deterrence and proportionality
The classical school of criminology emerged during the Enlightenment in the 17th and 18th centuries, in response to the cruel and inconsistent forms of punishment that were common at the time. The Enlightenment saw drastic social and political changes, with philosophers encouraging people to topple monarchies and fight for greater rights, freedom of thought and speech, and scientific achievement. This intellectual movement sparked an interest in crime and the psychology and philosophy behind crime and its associated punishments.
The classical school of criminology is associated with Enlightenment thinkers such as Cesare Beccaria and Jeremy Bentham, who are considered the founding fathers of this school of thought. Beccaria, an Italian nobleman, published "On Crimes and Punishments" in 1764, advocating for the reform of the criminal justice system, including the elimination of torture, secret accusations, and the death penalty. He argued that punishment should serve the greater good rather than exact revenge, and that the purpose of punishment was to deter crime. This belief forms the foundation of deterrence theory.
Bentham, an English philosopher, built on Beccaria's ideas and introduced the concept of the Panopticon in 1791, outlining prisons as a place to punish criminals and as a reminder of the repercussions of crime. He was a utilitarian, interested in the happiness and well-being of the population, and believed that punishment should always be justified in terms of a greater good. At the heart of his writing was the idea that human behaviour is directed at maximising pleasure and minimising pain.
The classical school of criminology is characterised by several key principles, including rationality, hedonism, punishment, human rights, and due process. Proponents of this school of thought believed that humans had free will, were rational, and made decisions based on self-interest and a calculation of costs and benefits. They argued that punishment could be a deterrent to crime, as long as it was proportional to the crime, carried out promptly, and served the greater good. This school of thought sought to create a clear and cohesive criminal justice system with fair and equal treatment, where the punishment suited the crime.
The influence of the classical school of criminology can be seen in modern judicial systems, which assume the rationality of citizens and emphasise human rights, leading to the expectation that punishments will not be excessive or unreasonable. The right to a fair trial, for example, is a hallmark of the United States Constitution's Sixth Amendment. However, it is important to note that the degree of fairness can still vary depending on individual courts and laws, impacting the pure intentions of classical thinking.
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Reforming cruel punishments
The classical school of criminology emerged in the 18th century, during the Enlightenment, in response to the cruel and inconsistent punishments of the time. The Enlightenment saw drastic social and political changes, with philosophers encouraging people to topple monarchies and fight for greater rights, freedom of thought and speech, religious tolerance, scientific achievement, greater education, rational thinking, and the pursuit of happiness.
The classical school of criminology was founded by Cesare Beccaria and Jeremy Bentham, who were influenced by the Enlightenment's social contract theory. This theory asserts that people consent to be governed, exchanging certain liberties for protection, and that laws uphold this social contract. Beccaria and Bentham's ideas were also based on the belief that humans have free will and the ability to think and act rationally, weighing the costs and benefits of various courses of action. They also believed that humans are hedonistic, seeking to maximise pleasure and minimise pain.
The main goal of the classical school of criminology was to reform the criminal justice system, creating a code of ethics to guarantee those who commit crimes a fair trial and a penalty that suits the crime. Beccaria and Bentham sought to reduce the harshness of 18th-century judicial systems. Beccaria, in particular, advocated for the elimination of torture, secret accusations, and the death penalty. He argued that punishment should serve the greater good, rather than exact revenge or administer justice.
The classical school of criminology introduced the concept of utilitarianism in criminal justice, where punishment should not only be inflicted on criminals but should also serve as a reminder of the repercussions of committing a crime. This school of thought also emphasised the need for a clear and cohesive criminal justice system with consistent guidelines for sentencing, ensuring that punishments are proportional to the crime and carried out promptly.
The influence of the classical school of criminology can be seen in modern judicial systems, particularly in the assumption of the rationality of citizens and the emphasis on human rights, ensuring that punishments are not excessive or unreasonable. However, it is important to recognise that the classical school's view of all criminals as rational decision-makers has been challenged, as not all individuals are rational, and mental illness or physical defects can impact an individual's behaviour and thinking.
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Frequently asked questions
The classical school of criminology, founded by Cesare Beccaria and Jeremy Bentham, is premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as it is proportional, fits the crime, and is carried out swiftly. Other principles include hedonism, human rights, and due process.
The classical school of criminology influenced modern judicial systems by emphasising the rationality of citizens. This led to the assumption that citizens will act in their self-interest, and thus, punishment will serve as a deterrent to criminal behaviour. The classical school also contributed to the creation of a code of ethics that guarantees a fair trial and proportional punishment.
The main weakness of the classical school of criminology is its assumption that all criminals are rational and make decisions using free will. However, not all individuals are rational, and their behaviours may be influenced by mental illness or other factors. Additionally, the classical school's emphasis on deterrence assumes that potential offenders will always act rationally, which may not be the case in spontaneous crimes.
