Sociology 2260A/B Lecture Notes - Lecture 4: False Consciousness, Cesare Beccaria, Henry James Sumner Maine
25 Apr 2016
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Early approaches: legal formalism aka legal positivism, developed during 19th century baron de montesquie (1869-1755) Laws can be relative in that they change. Therefore according to montesquieu laws can only be in place in a particular society. He is moving away from the natural law, laws are created to reinforce the common good for all. He is saying that laws change over time and place. If a law fits well in the society it"s a good law but if it doesent, he would argue its an unjust law. Developed during the 18th and 19th century. Cesare beccaria and jeremy bentham argued that back in the day the punishments like torture in the prison were too harsh to deter people from committing crime. What they meant by this is crime should be considered an injuries to society as a whole. To them the purpose of punishment is not for revenge it is to assure the greatest overall good.
