WDW101Y1 Lecture : WDW300 February 9 2012.docx

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Beccaria and bentham - from the enlightenment to modern penology. History of criminal justice policy and criminal justice theory. From beccaria; european legal positivism, problems of precedent and appeal. Use of ideas purely opportunistic window-dressing (marx) - look at underlying power relationships to understand how public policy is actually made. Diffusion, interaction - complex relation between texts and policy. 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 everybody"s interest that the contracts useful to the greatest number should be observed. A crime is against the social contract and gives more advantage of liberty to one individual; individual liberty and general liberty.

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