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Create a 10 page essay paper that discusses Compare and contrast positivism and classicism and outline thier role as an explanation for criminal behaviour in Ireland.Finally, role of both theories in
Create a 10 page essay paper that discusses Compare and contrast positivism and classicism and outline thier role as an explanation for criminal behaviour in Ireland.
Finally, role of both theories in determining criminal behavior in Ireland is studied.
Classical and positivist school of thought are basic part of early criminological development. Cesare Beccaria proposed Classical perspective which was inspired by “On Crimes and Punishment” in 1764. He was concerned about reforming the brutal ways of punishment for bad deeds prevailed throughout Europe.
He was a man of law who believed in philosophical and procedure based punishment that can provide moral support for criminal justice. According to Classical school of thought, man is a rational being who is blessed with free will. This knowledge and sense of choice enables man to judge the good or bad and its consequences for everyone including himself. Man is fully capable to understand and avoid crime considering the logical consequence of crime as punishment (O’Mahony, 2002, p.221).
O’Mahony(2002) states the principles as: people should be treated equally before the law and punished only in accordance with the law. that punishment should be based on the act rather than the class of person who commits the act. the punishment should be based on a pleasure/pain reckoning so that the pain of punishment will always outweigh the pleasure to be gained from crime. and, perhaps most importantly ,that punishment should be commensurate with the seriousness of the offence and, though a prompt and effective deterrent, should be kept to the minimum…Most importantly, since man acts on the basis of his rational, self-regarding, cost/benefit analysis of the situation, he can be swayed to avoid crime, if he sees that it carries a high risk of appropriately severe punishment.(p.221)
According to Joyce (2006), this school of thought developed from the enlightenment movements in Europe and expressed through liberalism, they believed in having society as a contract
