copyright © 2008 pearson education canada inc. 5- 1 the classical thinkers chapter 5
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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.
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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
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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.
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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
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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.
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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
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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”.
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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”
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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
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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.
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The Classical SchoolThe Classical School
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
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The Classical SchoolThe Classical School
Jeremy Bentham (1748-1832)Jeremy Bentham (1748-1832)
►Pain must outweigh pleasure.Pain must outweigh pleasure.
►Hedonistic calculus / utilitarianismHedonistic calculus / utilitarianism
►PanopticonPanopticon
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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
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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.
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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
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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