SOC 1500 Lecture Notes - Lecture 3: Populism, Economic Efficiency, Neoliberalism
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Thursday September 29, 2011
SOC*1400
Week 4 -Classical
SLIDE 14
Cesare Beccaria (1738-1994)
- Social contract
- Rule of law
- Punishment should deter crime and therefore be swift, certain
and proportional to the crime
Jeremy Bentham (1748-1832)
- Hedonistic calculus or utilitarianism
o Individuals could weigh the consequences of their
behaviour before acting to maximize pleasure and
minimize pain
o He thought of people as human calculators
You would put into the calculation the factors
before and after the crime that properly deterred
the punishment of the crime.
o Punishment is only justifiable if it creates greater evil that
the crime produces
o Panopticon
Circular prisons guarded by security.
Built near cities so people would see them and
know they would end up there if they made the
wrong choice
Social control, moral regulation; the notion of
governmentality is that there are people watching
(individual vigilantes), not just from above (the
state or law) that those around us help to regulate
our behaviour. Modern society will help to ensure
regulation and discipline
Pods and control station
- Came from Maplehurst
o Similar to the notion that there is a central place where
the guards sit and cells surround
o Cost saver; not as many guards as the inmates would
help regulate their behaviour as someone was always
watching them.
Heritage of Classical School
- Rationality – humans have free will, and actions are a result of
choice
o You made that choice and it is a calculated act
- Hedonism – pleasure and pain, or reward and punishment are
chosen
- Punishment – criminal punishment is a deterrent to unlawful
behaviour
- Human rights – society owes to its citizens respect for their
human rights in the face of government action
o You have rights until they harm the environment of
someone else
- Due process – presumed innocent until proven otherwise
Critique of Classical Theory
- General principles did not always serve justice
o Do you think people calculate rationally before they
commit crimes?
o Are deterrents the best way to keep people from
committing crimes?
o Not everyone is thinking rationally before committing a
crime.
Response to a fast situation (hitting a person with
your car)
Crimes of passion in the moment, not thinking
rationally
Children are legally not thinking rationally until the
age of 12
Mentally ill – this does not make sense for them. We
cannot make the assumption that they are aware
- Equality BEFORE the law masks a world of deep social
inequalities
o When doesn‟t that work?
To treat a youth the same as an adult with a
punishment may not be fair. The resources of the
youth or adult. If you fine two people $1000 for a