SOCI3603 Lecture Notes - Lecture 3: Heinrich Kramer, Jacob Sprenger, Jeremy Bentham
Schools of Thought (Chapter 3) Jan 31
Pre-Classical views
Inquisition (12-19th century)
Opposition arose in Europe against the authority of the Church
Executions, torture, corporal punishment, banishment from society, and forced
labour in remote colonies
Those under influence of the devil could face death by burning
Punished for expression dissenting views on religions matters, also persecuted
Protestants, Jews and Muslims and tried individuals accused of engaging in a
variety of immoral acts (homosexuality, bestiality, bigamy)
Heinrich Kramer and James Sprenger, published the Malleus Malecarum (witches
Hammer) in the 15th century
oThis text detailed how witches could be detected and the procedures to be
used against those accused of being witches (i.e. those who lived alone or
had a mental illness)
Accused detained in prison for long periods sometimes based on false accusations
Property of the detained was seized and used to ay for the proceedings
Torture to extract confessions
Punishment- execution in public squares, burning at the stake (carnival like)
Classical school of crime
Classical school emerged in reaction to the brutality and arbitrary nature of
punishment
Most influential of these classical thinkers was Italian scholar, Cesar Beccaria
He is one of the founders of the classical school and the father of crime
On crime an punishment: outlines an enlightened criminal justice system to sere
the people and not the monarchy
He believed that punishment serve a practical purpose: to deter people from
committing crimes
People were seen as rational beings who responded to the threat of punishment
Thus, Beccaria and other writers of that period believed in free will (the notion
that people freely chose to commit crime), after weighing the consequences of
their actions
Sentences should be set by legislators rather than by judges. The role of the judge
should be limited to determination of innocence or guilt
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Once convicted, the penalty established for a crime would be automatically
imposed
No defences ought to be allowed as the law should be applied equally to all
citizens regardless or social class and circumstances
The punishment should be determined by the crime
Punishment should be prompt and effective
All people should be treated equally, regardless of social standings
It is better to prevent crimes by appealing to ones desire to avoid pain and to think
rationally in making decisions
People should consider the punishment attached to criminal behaviours and
remain faithful to the social contract
Jeremy Bentham was an English philosopher and cotemporary of Beccaria
Also a strong advocate of a utilitarian philosophy (the notion that punishment
should serve practical ends)
Bentham’s principle of utility (actions that promote the greatest amount of
happiness in society)
All humans were driven by the same principle: the desire to max their pleasure
and min their pain
Therefor, the most effective way to prevent crime involved the establishment of a
system of punishment that would exceed the pleasure derived from a criminal act
Since criminality is a choice, consequences include the loss of liberty and not
simply the physical pain resulting from corporal punishment
Individual deterrence: deters someone from offending again. Three strategies:
oTaking away from him the physical power of offending
oTaking away the desire of offending
oMaking him afraid of offending
General deterrence: deters someone from offending at all. Uses punishment as an
example
The punishment suffered by the offender presents to every one an example of
what he himself will have to suffer, if he is guilty of the same offence
Beccaria’s principles of punishment served as a the basic for the French Penal
Code of 1791
The French Penal Code adopted Beccaria’s recommendation:
oCrimes arranged on a scale and specific penalties prescribed for each
crime
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find more resources at oneclass.com
Document Summary
Opposition arose in europe against the authority of the church. Executions, torture, corporal punishment, banishment from society, and forced labour in remote colonies. Those under influence of the devil could face death by burning. Punished for expression dissenting views on religions matters, also persecuted. Protestants, jews and muslims and tried individuals accused of engaging in a variety of immoral acts (homosexuality, bestiality, bigamy) Heinrich kramer and james sprenger, published the malleus malecarum (witches. Hammer) in the 15th century: this text detailed how witches could be detected and the procedures to be used against those accused of being witches (i. e. those who lived alone or had a mental illness) Accused detained in prison for long periods sometimes based on false accusations. Property of the detained was seized and used to ay for the proceedings. Punishment- execution in public squares, burning at the stake (carnival like) Classical school emerged in reaction to the brutality and arbitrary nature of punishment.
