3 - LEGACIES OF CLASSICAL AND POSITIVE CRIMINOLOGY

crime, rationality and justice

QUOTE Carrabine et al 2020

“The classical school emerged as part of the Enlightenment, rejecting cruel and arbitrary systems of punishment”

Enlightenment thinkers- what did they think?

• rejected systems of punishment that relied on cruelty

• argued that individuals are rational beings who make conscious choices about their actions

• punishment was not seen as divine retribution

• highlight how laws should be fair, public and equal to all citizens

CARRABINE ET AL QUOTE 

“Punishments should fit the crime and be sufficient to outweigh the advantage of the offence”

BECCARIAS CORE PRINCIPLES..

• punishment should be certain, swift and proportionate to the crime committed

• punishment should occur soon after the offence to strengthen the link between action and consequence

• proportionality is key to avoid cruelty and leniency 

• Crime is an injury to society 

• Utilitarian assumption that all social action should be guided by the goal of achieving the greatest happiness for the greatest number. 

MOCCIA 2014 QUOTE

“Contemporary penal systems have betrayed Beccaria’s rationalism, replacing reason with moral outrage”

Bentham’s utilitarianism

• all actions should maximise happiness and minimise suffering 

• made the study of crime more systematic, focusing on measurable costs and benefits

• introduced concept of ‘hedonistic calculus’, suggesting that people weigh pleasure and pain before deciding how to act

• marked a shift from moral reform towards a more practical understanding of human behaviour 

BENTHAM’S HEDONISTIC CALCULUS

• believed that all human behaviour results from the desire to seek pleasure and avoid pain 

• when pleasure of committing a crime outweighs the expected pain of punishment, more likely to offend 

• justice system = punishment certain and unpleasant enough to deter 

• critics argue Bentham’s model reduces human decision 

THE PANOPTICON - what Bentham designed

• designed a circular prison where one central observer could watch all prisoners without being seen

• intended to make prisoners regulate their own behaviour- they never knew they were being observed

• this design symbolised Bentham’s belief that constant surveillance could achieve social order more efficiently than brute force

DETTERRENCE IN PRACTICE

• classic theorists believed deterrence works when punishment Is certain, swift and proportionate 

• aims to discourage wider public from offending by making examples of punished offenders

• specific deterrence= fear future punishment 

• empirical evidence is mixed, many offenders act under emotional, social, or economic pressure rather than rational calculation 

NEWBURN 2017

“Punishment deters if it outweighs the anticipated reward”

Beccaria’s enduring tension

• media coverage and moral panics often influence sentencing decisions more than objective reasoning

• tension reveals that even modern justice cannot escape the pull of social and emotional forces

• beccaria’s legacy endures precisely because this conflict remains unresolved 

CARRABINE ET AL 2020= criticisms

“ignores differences in power, status, and circumstances”

CRITICISMS OF THE CLASSICAL MODEL

• the theory overlooks psychological, economic, and environmental factors that influence criminal behaviour 

• only focusing on law and punishment, it fails to address why people offend in the first place

• approach is more of a theory of justice than a theory of crime

• criticisms led to the development of positivism, which sought to identify the causes of criminal behaviour scientifically 

NEWBURN 2017- legacy of classical thought

“despite its limitations, classical thinking remains central to criminal law”

LEGACY OF CLASSICAL THOUGHT

• proportionality and equality before law stem directly from classical thought

• underpin modern deterrence based approaches- Rational Choice Theory and Routine Activity Theory 

• assume that offenders are decision-makers responding to risk and opportunity 

• appears in modern risk management and crime prevention design 

BECCARIA 1764 QUOTE

“punishment must be guided by reason, not vengeance”

David Garland

Criminology has been deeply shaped by a convergence between a ‘governmental project’ and a ‘Lombrosian project’ of a science of the criminal and criminality.

How does the Enlightenment impact criminology?

Enlightenment denotes replacing the medieval ideas of natural order of humankind with notions of mankind’s need to asset control and construct new practical frameworks.

What is rationalism?

the idea that individuals make a conscious, rational decision to commit a crime by weighing the potential benefits against the perceived costs and risks.

What is empiricism?

empiricism is the belief that knowledge about crime and its causes is gained primarily through sensory experience and objective, verifiable evidence, rather than through abstract reasoning or intuition alone.

What does Thomas Hobbes argue in Levithan?

• Political authority comes from an agreement between individuals who all want to protect and promote their own self-interest by creating a shared government or political system to rule over everyone.

• Need for strong government against revolution. 

What was Early Enlightenment Ethics?

• Rejected mythology and religious belief → focus shifted to reason and human experience.

• Moved away from God and the afterlife → focused on human desires, needs, and happiness in this life.

• Industrialisation, urbanisation, and education made people focus on human progress on Earth.

• Religious wars showed the failure of religion to provide social stability.

• Ancient Greek and classical ideas (Plato’s “good = real” and Aristotle’s teleology) no longer fit.

What did Thomas Hobbes say?

• Hobbes founded social order upon individuals, their reasoning and desire.

• Human beings are motivated by their perception of what is in their own best interest.

• A crime is not an evil act against god but an act or omission which the sovereign has not allowed.

What is positivism?

• a theory that argues criminal behavior is caused by factors beyond an individual's control, such as biological, psychological, or social influences, rather than free will.

• It suggests that crime can be studied scientifically to identify the causes and that punishment should be based on these causes, not just the crime itself.

What is the social background to Beccarias theories?

• the changing political struggles were growing middle class sought political power to accompany their economic power

How did Beccaria view torture and the trial process?

• Torture and execution must be abolished. 

• Accused people should be treated humanely before trials. 

How did Beccaria view crime and society together? what impact does society have on crime?

• Economic conditions and bad laws can cause crime

• property crimes were committed primarily by the poor

How does religion link/impact to torture?

• “Senseless law” (torture) can be traced back to religious influence.

• Religion taught that sins (stains) could be purged by fire in purgatory.

• People extended this idea: if spiritual stains can be removed by pain/fire, then civil guilt might also be “cleansed” by torture.

• The requirement for confession in criminal trials mirrors religious confession in the Church.

• Shows how religious practices distorted justice, blending spiritual ideas with legal punishment.

BENTHAM QUOTE “ Introduction to the principles of moral and legislation.” 

“ Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do.” 

FREDERICK ENGLES

• Crime by the working class was seen as retaliation against exploitation by the bourgeoisie.

• Acts of violence were viewed as responses to injustice and oppression.

• Criminality grew not just among the poor working class, but also within the “surplus population” — casual workers and society’s lowest strata (the “residuum”).

Who was CESARE LOMBROSO and what was his criminological theory? 

• 19th-century Italian criminologist — founder of positivist criminology.

• Argued that criminals are “born, not made.”

• Believed crime is caused by biological and physical traits (e.g. facial features, skull shape).

• Introduced the idea of the “atavistic criminal” — someone with primitive, evolutionary traits.

• Later criticised for being deterministic and unscientific, but influential in linking biology and crime.

Who was RAFAELLE GAROFALO and what was his criminological theory? 

• Italian criminologist and follower of Lombroso — part of the positivist school.

• Coined the term “criminology.”

• Believed crime was a result of moral or psychological anomalies (a lack of natural moral sense).

• Defined “natural crime” as acts violating basic human sentiments of pity and probity (compassion and honesty).

Who was ENRICO FERRI and what was his criminological theory? 

• Italian criminologist and student of Cesare Lombroso — part of the positivist school of criminology.

• Rejected the idea that crime was purely biological; believed social, economic, and environmental factors play a key role.

• Saw crime as a natural and social phenomenon, not just a moral failing.

• Advocated for social prevention (education, better living conditions) rather than harsh punishment.

• Supported rehabilitation and social reform to reduce crime.

What is the legacy of the positivist school?

• A trend towards classification and specialised treatment with a demand for specialised institutions.

How do Lombroso, Garofalo, and Ferri differ in their positivist approaches to criminology? (the positivist school) 

Cesare Lombroso → Biological positivism

• Crime caused by innate, biological traits.

• Idea of the “born criminal” and atavism (evolutionary throwback).

Raffaele Garofalo → Moral/legal positivism

• Crime stems from moral anomalies — lack of pity and probity.

• Focused on natural crime and protecting society from the “dangerous.”

Enrico Ferri → Social positivism

• Crime caused by social, economic, and environmental factors.

• Advocated social reform and prevention rather than punishment.

Summary:
→ Lombroso = Biology
→ Garofalo = Morality
→ Ferri = Society

ENRICO FERRI

• crime as a multifactorial phenomenon

• saw behaviour shaped by physical, anthropological, and social causes

• integrated biology with economy, climate and culture

• criminals based on cause and motive

• early move toward sociological criminology

CRITIQUE Ferri? 

• Praised for integrating social factors but still assumed behaviour could be scientifically predicted. 

• Over - reliance on environmental determinism ignores personal agency and socio-economic complexity.

CRITIQUE Garofalo?

• Reflects class and cultural bias; morality is not universal or biologically measurable.

BECCARIA 2015 QUOTE

“Beccaria’s rational man gave way to the determined individual of positivist science.”