Classical Readings in Criminology - Criminal Law

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CLASSICAL READINGS IN CRIMINOLOGY
(Name)
Subject: Criminal Law
(Professor)
(University)
City and state)
(Date)

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1. Mayor (2001): The Classical School
The emergence of classical schools attempted to explain crime and criminal behavior before it
the same was explained by supernatural powers and forces of nature. The super-naturalists
assumed that good behavior and character stemmed from God's power while evil behavior was
the devil's doings. This was traced to the Garden of Eden when the first pair chose not to obey
divine injunction rendering man's life under agony. They neglected the doctrinal power and
attempted to explain the world through science.
The 18th Century saw the rising aristocracy and challenges of the church during which the
church, government, and legal systems were challenged for their inadequacy. Religion was
viewed as an instrument of torture while the justice system never had equality for all. The
classical school, therefore, rejects the assumption of superpower and relooks at human beings as
being rational who make their own choices. One's ability to control themselves at the micro and
the macro changes that shape human life were fundamental. The rational nature of human beings
makes them seek pleasure and avoid pain or punishment in their decisions and that is why the
criminal code specified punishment to deter crime. When Beccaria (1963) got interested in
penology he appealed to the enlightened rulers of Europe to use coercive power in crushing petty
tyrannies who depended on aristocratic privilege and abuse. He also classified crimes into those
that destroy society or a person represented, those that injure the security of a citizen and those
that disrupt public peace. The classification was aimed at measuring the crime which would be
based on harm caused by the crime. He also challenged the origin of law as punishment but
rather as a framework within which the society is established and operates.

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On the other hand, Benthan shared a lot of stands that Beccaria but he also believed that the role
of science is to be good, stated the principle of utility when it comes to pain and pleasure.
Whereas it was Beccaria who introduced the issue of utilitarianism, Benthan expounded on it.
2. Newburn (2013): Positivism and Criminology
After Darwin's great publication whose emphasis was a natural selection that shaped the life of a
human being rather than the influence of a supernatural being, criticism arose. Auguste Conte
laid a foundation for sociology during which positivist criminology also arose. This school of
thought holds several assumptions that include methods used in natural science that can be
applied and they have to be applied to social sciences. The source of the knowledge we hold
comes from observation but scientific knowledge is derived from facts that are collected and
analyzed appropriately. This implies that the scientific approach to knowledge is superior
compared to the observational approach to acquiring knowledge.
There is a need to distinguish facts from values. There should be hypothetical-deductive
reasoning from the time one collects data to the time conclusions are drawn from the same data.
At the same time, when scientific methods of knowing are used in combination with deducting
reasoning then a powerful preference arises on quantitative data compared to qualitative data.
The positivist approach to criminology concentrated on the offender and looked at this person as
being determined such that they are driven by biological, psychological and other pathological
influences to commit crimes. Therefore the most appropriate treatment to such an individual
would be highly dependent on the circumstances that drove them to criminality rather than
punishment.