The Impact Of Classical And Positivist Schools On Criminology

Since the evolution of humans, crime has been an illegal practice. Crime is the term for unlawful deviance which is deemed punishable by the state. To gain authority over the practices, the criminology discipline was born to learn how to suppress and prevent any future crime. The following are early crime and punishment theorists from the classical and positivist school of criminology, and how their influence and contribution helped shape criminology today.

Cesare Beccaria was known as the father of the classical theory approach on crime and punishment which was inspired throughout the era of enlightenment. Beccaria believed in the body of thought principle which argues that individual free will is based on rationale thought. This declares that individual actions occur because of personal satisfaction. Beccaria then concluded that actions are predictable and controllable. His theory stated that free will and individual choice played a vital role over determinism in committing crime. He also stated that the punishment should fit the crime of the prisoner as excessive punishment could cause criminals to commit harsher crimes. He believed that a new approach, classical deterrence doctrine, should be considered by attempting to prevent the crime from occurring in the first place than outright punishment. This doctrine focused on these assumptions; People are rational thinkers. People’s behaviour is a product of free will and people are hedonistic who pursuit pleasure and avoid pain. This concluded in three principles of punishment; Punishment must be swift. Punishment must be certain and convicted criminals must be aware of the consequences for any illegal behaviour. Punishment must be severe which outweighs the rewards of committing the crime. Beccaria argued that punishment should only be used to maintain order and not for vengeance. This was influenced by a utility philosophical approach, stating that the chosen punishment must serve the greater good of society. This mostly sees punishment as being a means of reforming the criminal than seeking vengeance. Punishment is only justified to defend the social contract arranged and agreed upon by society.

Jeremy Bentham was also a classical theorist who developed welfarism. He stated that people in society are driven by the Hedonistic calculus; pain and pleasure. He believed that punishment as a crime deterrent, was useful in bringing about a greater and functional society. However, the use of punishments should only be used to prevent crime and not be used in an act of retribution. The main feature in this philosophy was utilitarianism. This greatest happiness principle, that all actions should be judged on the principle of what is best for the community. Bentham believed that individuals behaved on freewill which allowed them to make decisions based on the pursuit of their own happiness. Bentham’s ‘Principle of Morals and legislation’ focused on the principle of utility which was a means of social control. It stated that by judging an individual’s actions and the effect of the actions on society, it is important to consider; the action itself, the circumstance of the action, the intentionality of the action, the consciousness of the action, the motive and the outcome of the action.

Cesare Lombroso was a criminologist whose positivist theory rejected the nurture argument towards psychopathy and was based on the ideology of ’Born criminal’ favouring the nurture argument. This stated that crime is an evitable fault, inherited from birth. Lombroso argued that a criminal’s psychopathy can be identified by biological physical defects. These physical attributes could be; Large nose, ears, and jaw. An asymmetrical shape of the face or forehead, and excessive cheekbones. He established that these defects where a primitive form of human evolution, whom inherited and exhibited a higher percentage of physical and mental anomalies compared to their non-criminal counterparts. Lombroso’s ideal approach to the treatment of criminals was prevention and rehabilitate from an early age. This was a preferred method compared to deterrence, as Lombroso believed that a criminal was incapable of self-control and committing crime was inevitable.

Emile Durkheim was a functionalist theorist but also represented the positivist school of criminology. He developed the concept of anomie which involves the absence of norms and values within society. Crime is seen as functional and it clarifies the ‘collective conscience’ of a community known as collective sentiments. By identifying ‘deviance’ this unities society in condemnation of the deviant, to ensure social stability. This concludes that a healthy level of crime is functional and will successfully produce a Community of Saints society. This is because with the acceptable punishment to fit the crime, this creates moral boundaries among the community. This is used not as a deterrence, but a tool to strengthen social solidarity within the community. However, little crime might indicate stagnation and too much may be destructive. Durkheim argued that, the increasing economic growth and the decline of traditional principles, have caused people to develop ‘boundless aspirations’ but have lacked the moral regulation to achieve them. This could lead to suicide or high levels of crime. Durkheim also stated that, the eradication of crime is impossible because there will always be conflict due to human differences.

In conclusion, both classical and positivist school both made a significant impact on the shaping of criminology, as both approaches delivered a different perspective on the origin of criminal behaviour and how to treat or prevent it. The classical school concluded in the creation of the Western criminal justice system of today. This provided a fair legal justice system ensuring appropriate and fair punishment on those who commit crime. The positivist school delivered a more scientific approach to crime which concluded a more in depth understanding in the psychopathy of a criminal and the dynamics of the causation of criminal behaviour which has helped identify and prevent criminal activity.