CRM 1301 Lecture Notes - Lecture 3: Cesare Beccaria, Justice Society Of America, Natural Justice
Document Summary
*classicalcriminology but at this time there is no such thing as criminology (1764) Classical - intelligence and rationality are fundamental, everyone has freewill, can choose what they do and do not do, capable of understanding plight, able to act in their best interest. Rational calculus - compare bene ts of committing crime against cost of committing crime. Because we are rational, when bene t outweighs cost, we will commit crime. The government taps into rationality to deter from crime (make the costs higher) Positive law is not properly mimicking natural law. Concerned with justice, what us happening to justice in society. Social contract theory but both parties are under obligation. Immutable and constant, since the relationship between 2 similar objects is always the same (always stays the same) Relationship between action and variable condition of society (always changing with society)