Write a short note on describe Freewill and classical schools of criminology.
Write a short note on describe Freewill and classical schools of criminology.
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Free Will and Classical Schools of Criminology
Free Will in Criminology:
The concept of free will in criminology revolves around the idea that individuals have the autonomy to make their own choices and are responsible for their actions. This perspective assumes that people are rational beings who weigh the costs and benefits before engaging in any behavior, including criminal activities. Free will underpins many legal systems' approaches to justice, where punishment is based on the notion that individuals consciously choose to commit crimes and therefore must be held accountable. The emphasis is on personal responsibility and the deterrent effect of punishment.
Classical School of Criminology:
The Classical School of Criminology emerged in the 18th century during the Enlightenment, advocating for rationality and human rights in the justice system. Key figures like Cesare Beccaria and Jeremy Bentham played pivotal roles in shaping this school of thought.
Cesare Beccaria (1738-1794): Beccaria’s seminal work, "On Crimes and Punishments" (1764), criticized the arbitrary and cruel practices of the criminal justice system of his time. He argued for a rational and systematic approach to punishment that was proportional to the crime. Beccaria believed that the primary purpose of punishment should be deterrence, not retribution. He advocated for swift, certain, and proportionate punishments to prevent crime.
Jeremy Bentham (1748-1832): Bentham expanded on Beccaria’s ideas through his theory of utilitarianism, which posits that actions are right if they promote the greatest happiness for the greatest number. In the context of criminology, this meant designing a legal system where the pain of punishment would outweigh the pleasure gained from committing the crime, thus deterring individuals from offending.
Principles of the Classical School:
The Classical School laid the groundwork for modern criminal justice systems by promoting fair and equitable treatment under the law, emphasizing deterrence and the rationality of human behavior. These principles continue to influence contemporary criminological theories and practices, balancing the notions of free will and structured legal responses to crime.