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Utilitarianism
A philosophical theory stating that laws should be based on what is practical and realistic rather than on an idealistic moral view
Positivist
Focused on biological and psychological factors to explain criminal behaviour
Anomie theory
A sociological hypothesis arguing that criminal behaviour is more likely to thrive in an anonymous urban setting than in a more traditional rural setting
Ecological School
A sociological theory arguing that poor or transient communities are more likely to condone criminal activity than more affluent neighborhoods
Social Conflict Theories
Hypothesis arguing that criminal behaviour is more likely in a capitalist society because of increased competition for scarce resources and wealth
Consensus Theorists
People who assume there is a universal or communal definition of right and wrong and that our criminal law reflects that consensus
Who was Cesare Beccaria
an Italian theorist and one of the most famous proponents of the classical school of thought
Who was Jeremy Bentham
An English philosopher who was one of the most famous proponents of the classical school of thought
Cesar believed that human beings were driven primarily by ____ but would be______
Self interest, but would be rational in their actions
What were both Beccaria and Bentham interested in?
how law-making and the legal process affected the incidence of crime in society
According to Cesar Beccaria, in weighing the consequences of their actions, individuals would conclude what?
It was ultimately in their best interests to limit some of their freedoms
What did Beccaria suggest about the role of government?
that the role of government should be to act on behalf and in the best interests of all citizens
What did Beccaria believe about the role of law
Should act as a deterrent to those likely to break it, and the punishment enacted should be proportionately greater than the pleasure derived from criminal gain
What did Bentham believe law should be based on?
A social contract between the government and the people, with each side accepting certain consequences if the contract was broken
What did Bentham believe the role of the government was?
To make clear what sorts of behaviours would be considered criminal and to establish limits on the degree to which government could use its power to punish citizens.