WDW300 February 9 2012.docx

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University of Toronto St. George
Woodsworth College Courses
William Watson

Lecture 5February 9 2012 February0912 1512 PM Beccaria and BenthamFrom the Enlightenment to Modern Penology History of criminal justice policy and criminal justice theory separation of powersEuropean ideology of legal positivism witch trials death penalty and public executions judicial torture from Beccaria European legal positivism problems of precedent and appealBroader Questions of history and theory A range of possible approaches ideashistorical policy changes use of ideas purely opportunistic windowdressing Marxlook at underlying power relationships to understand how public policy is actually made diffusion interactioncomplex relation between texts and policy Beccaria 17381794 On Crimes and Punishments Social Contract state of naturesimilar or different to other theorists so far join state of nature to get out of unsafe state of war through the establishment of laws to protect their freedoms social contract is tied to the authority to punish general will authority of punishment comes from the smallest portion possible of liberty given up and represents the will an aggregate of private wills mutual obligation it is in everybodys interest that the contracts useful to the greatest number should be observed just and unjust punishments a crime is against the soc
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