Top-Rated Free Essay
Preview

Classicism Versus Positivism

Good Essays
612 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Classicism Versus Positivism
Two criminological approaches that have the origin in contemporary criminology are classicism and positivism. Classicism has the origin in the eighteenth century and positivism in the nineteenth. Both, the classical and the positivism theory are expanded in the past with their own roots, but in today criminal justice system are still alive.
Classicism was first developed by Cesare Beccaria and Jeremy Bentham, two famous writers which propose in their works that both law and administration of justice should be based on rationality and human rights. Cesare Beccaria’s concept of punishment is that “punishment should fit the crime. Criminals are seen to owe a ‘debt’ to society and punishment should be fixed strictly in proportion to the seriousness of the crime.” (Beccaria, 1974 cited in Burke, 2001, p. 27) and Jeremy Bentham greatest principle was “the greatest happiness for the greatest number, he felt that punishments should be calculated to inflict pain in direct proportion to the damage done to the public interest. ” (Criminology a social introduction, second edition, p.56)
Positivism or ‘the science of crime’ was first developed by Cesare Lambroso in the late nineteenth century. He is the founder of modern criminology and he is known for his notion of the ‘atavistic criminal’ (Taylor et all, 1973, p.41) and he described criminals as “atavistic, a throwback to an earlier form of evolutionary life” (Taylor et all, 1973, p.41). Cesare Lambroso defined them into five main categories: born criminals, epileptics, insane criminals, occasional criminals and criminals of passion. (Lecture 3) “Positivism within criminology has been enormously influential and comes for substantive and sustained criticism. Critics of individual positivism such as David Matza (1964) argue that it draws on three problematic sets of assumptions (Tierney, 1996): determinism, differentiation and pathology. ” (Criminology, Tim Newburn, p.128)
Firstly both criminological approaches have different perspective on the human subject. The classicalist theory says that human are rational beings with a free will to act and once they make a decision they must accept the consequences after it. They are individuals and they make a ration choice. On the other hand the positivist theory says humans have no moral responsibility, they are driven into crime by forces largely out of their control and they are using methods derived from the natural sciences and their crime is caused by biological, psychological or social factors (‘determinism’). “Crime is not a free choice but is determined. Positivism is a deterministic theory.” (Criminology a social introduction, second edition, p.63).
Secondly in the classical model “unlike positivism, it views committing crime as making a free choice” (Criminology a social introduction, second edition, p.58). In positivism theory we can find a ‘differentiation’, “the criminal is a specific type of person” (Criminology a social introduction, second edition, p.62) and criminals differ from non-criminals.
Thirdly between classicism and positivism is also a pathology difference: the criminals are not only different; there is something wrong with them. Cesare Lombroso “identified not just the born criminal, but also the emotional criminal, the morally insane criminal and masked epileptic criminal” (Criminology a social introduction, second edition, p.62).
In conclusion these two contrasting approaches are different and contain distinct periods in the past, classicism and positivism. I believe it is fair to say that their existence is not as heavily relied upon as it once was in the past.
Bibliographic reference: An introduction to criminological theory, Roger Hopkins Burke. (2001)
Criminology a social introduction, Eamonn Carrabine, Pam Cox, Maggy Lee, Ken Plummer and Nigel South. (Second edition, 2009)
The New Criminology, Taylor, I., Walton, P. and Young, J., Chapter 1. London: Routledge and Kegan Paul. (1973) Criminology, Tim Newburn. (2007)

You May Also Find These Documents Helpful

  • Better Essays

    Classicism and its views on crime and punishment were derived from the philosophy of Enlightenment which gained prominence across Europe in the 18th century; this in contrast to the previous legal and penal systems from the feudal and the absolutist monarchies (Young, J 1981).…

    • 1656 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Within criminology there different theoretical theories which affect the way the crime is explained. These are classicist and positivist, realist and interactionist theory.…

    • 530 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The two criminology models that best suits the basic knowledge of law in this country is the classical and neoclassical criminological theories. The classical theory makes basic assumptions such as:…

    • 405 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    LESMA204

    • 2205 Words
    • 7 Pages

    Positivist criminology was founded in the late 19th century by Italian academic who called Cesare Lombroso. He believes that the positivist scientific method could be applied to the study of crime so as to find out its causes and prevent it. His particular approach was described as criminal anthropology. He compared the known offenders and a control group of soldiers by the post-mortem measurement and examination. After studying the resulting, Lombroso think that there a correlation between certain physical features, such as an asymmetrical face, large jaws and long arms, and criminality. In his opinion, these physical traits were characteristic of an earlier period of human evolution. It calls the born criminal. That means it was a throwback or atavistic. Lombroso concluded that behavioural traits such as criminality may link to the shape of the skull and the physiognomy may links behavioural characteristics to physical features, particularly of the face. He thinks that the pre-given dispositions of crime can be determine by observational physical features differences. And he assumed that known criminals were representative of all criminals.…

    • 2205 Words
    • 7 Pages
    Good Essays
  • Best Essays

    Nt1110 Unit 11 Lab

    • 2482 Words
    • 10 Pages

    Cullen, F., & Agnew, R. (2006). Criminological theory: past to present essential readings. (3rd ed., pp. 5-8). New York, NY: Oxford University Press.…

    • 2482 Words
    • 10 Pages
    Best Essays
  • Good Essays

    The classical school theory was common in the late eighteenth century and into the early nineteenth century. The classical school theory thought crime was caused by individuals who were rational. This theory believed that crime wears away the bond between humans and society, and is why crime is an immoral behavior (Schmalleger, 2009). Punishment under this theory was more severe therefore Cesare Beccaria came up with a less harmful yet effective way to punish those who commit crimes.…

    • 884 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This essay will attempt to explain a crime chosen from an article by applying a criminological theory. The article chosen is ‘Girl in critical condition after fire that killed mother and siblings’. The writer of the article describes the events of a suspected arson attack that killed five members of the family after their home was set alight. The article then mentions another suspected arson incident that caused damage to a car belonging to a family living opposite the victims, which appears to have been set alight at the same time (The Guardian, 2012). The theory that will be applied to this article in an attempt to explain arson is Merton’s strain theory.…

    • 760 Words
    • 4 Pages
    Good Essays
  • Good Essays

    two schools of criminology: the school of classics and the school of positivist. Simply put, the school of classics focused more on the crime and punishment of the criminal whereas the school of positivist focused on the criminal and how to typically “rehabilitate the criminal” in order to prevent the crime. Note that while there may be two distinct schools with differing ideas, there cannot be such a case that is so one sided that fits under that school exclusively, rather it must be a “combination of classical and positivist principles” (Kubrin 9). However,…

    • 931 Words
    • 4 Pages
    Good Essays
  • Good Essays

    There are many different perspectives and schools of thought when it comes to the study of crime. One such theoretical perspective is known as classical criminology, which can be traced back to the early 18th Century. Ideas of the Enlightenment which took place around this time, contributed to foundation philosophies of classicism (Carrabine et al., 2014). The notions of reason and science were beginning to take hold across areas such as political and social spheres of society, so unsurprisingly influenced the way people thought about crime (Bradley & Walters, 2005). Classicism reflected the fundamental aspects of the Enlightenment (science, reason, practicality) in the way it approached dealing with the problem of crime (Taylor, Walton, & Young, 2013). The methods of dealing with crime before the introduction of classical thought were harsh and unjust (Bradley & Walters, 2005).…

    • 1262 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Ip3 Crime Causation

    • 1535 Words
    • 7 Pages

    A different approach to criminological theory was taken in the 1960’s although; it was a derivative of older theories. The labeling theory wanted to know questions about crime and the criminal’s from a new aspect disputing earlier definitions of deviance (Williams & McShane, Criminological Theory, 2010).…

    • 1535 Words
    • 7 Pages
    Powerful Essays
  • Best Essays

    Cote, S. (2002). Criminological Theories: Bridging the Past to the Future. Thousand Oaks: SAGE Publications Ltd. p232.…

    • 2514 Words
    • 11 Pages
    Best Essays
  • Satisfactory Essays

    Psychological positivism supports the claim that criminal acts are the result of mental illness or personality disorders. This theory looks at criminal acts as non-avoidable.…

    • 285 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Criminal statistics are usually quoted as 'hard facts'; are often used to support the view that there is a rapidly increasing rate of serious crime in modern society. It is on the basis of these statistics that important decisions are made by governments in relation to their policies towards crime and its treatment. However the positivistic reliance on such statistics as the basis of their sociology has been brought into question by constructivist approaches - interpretive sociology and critical sociology both of which refuse to take the statistics at face value. The former raised questions about the scientific claims of positivism; demonstrated that the…

    • 815 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Essay

    • 5411 Words
    • 22 Pages

    Williams, F. P., III, & McShane, M. D. (1988). Criminological Theory. Englewood Cliffs, NJ: Prentice Hall. Wilson, J. Q., & Hernstein, R. (1985). Crime and Human Nature:…

    • 5411 Words
    • 22 Pages
    Powerful Essays
  • Powerful Essays

    Are Criminals Mad or Bad?

    • 1457 Words
    • 6 Pages

    There is a contentious issue in the field of criminology whether criminals are taught how to commit crime or whether they are have a mental dysfunction that makes them impulsive and aggressive. This is known by psychologists as the normal/pathological debate. In this debate this essay shall argue that the majority of serious crimes are committed by criminals who are psychopathological.…

    • 1457 Words
    • 6 Pages
    Powerful Essays