Classical School of Criminology Essays Canada

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Classical School And Classical Positive School

The Classical School of Criminology completes the picture of ideas about the crime problem that the sciences of the spirit have their origin. Under the label of classics, authors and divergent tendencies have been grouped in many points of view, even contradictory in some, but that presents a series of common conceptions on fundamental postulates, which is precisely what allowed the positivists to bring them together for dialectical purposes.

There is something very significant in the classical school such as the defense of individual guarantees and its reaction against arbitrariness and abuse of power.

Cesare Beccaria is considered as the founder of Classical School Of Criminology.

Cesare maintains that the Law is innate to man. The Science of Criminal Law is an order of reasons emanating from the moral law, pre-existing to human laws.

Crime is a legal entity that recognizes two essential forces: an intelligent and free will and an external fact that is harmful to the Law and dangerous for it.

Postulates of the Classical School

1^st- Normality of the delinquent: nothing distinguishes the delinquent man from the non-delinquent man, since all men are equal.

2^nd- The irrationality of the crime: crime is an irrational and incomprehensible act since a man with his freedom and decision-making capacity has not known how to choose the path that best suits him.

3^rd- They establishes a priority of the fact over the perpetrator: the offender will only appear as the active subject of the crime and will not be given further attention.

4^th- Situational explanation of the crime: there is no etiology of the crime, but rather, the crime is a consequence of misuse of freedom, and all citizens are potential criminals because everyone is free. Specific situations can explain, case by case, man's choice in favor of crime.

5^th- The penological contribution has been his greatest success. They support the legitimation and delimitation of the punishment and conclude when, how, and why crimes are punished. The response to criminal behavior is carried out with a fair, proportionate, and useful penalty.

6^th- Contribution in the field of criminal policy, where the classical school does legitimize the systematic use of punishment as an instrument to control crime.

What Is Positive School?

The Positive School or neoclassical criminology is presented as the overcoming of individualistic liberalism, in demand of a defense of society.

The School bases the right to punish on the need for social conservation and not on mere utility, putting the rights of honest men before the rights of criminals.

The Positive School was born in the 19th century. Its creator was Cesar Lombroso as a reaction against the Classical Criminology School.

The Positive School is an organic body of conceptions that study the offender, the crime, and its punishment, first in its natural genesis, and then in its legal effects, to legally adapt to the various causes that produce the various remedies, which consequently they will be effective.

The positive criminal school does not consist solely in the anthropological study of the criminal, as it constitutes a complete renovation, a radical change in the scientific method in the study of criminal social pathology, and one of the most effective among social and legal remedies that its offers.

The School made the science of crimes and penalties a science of positive observation, which, based on anthropology, psychology, and criminal statistics, and as well as criminal law and prison studies, becomes the science synthetic that Ferri known as criminal sociology.

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