CRM/LAW C7 Lecture Notes - Lecture 4: Somatotype And Constitutional Psychology, Cesare Beccaria, Atavism
24 Apr 2018
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The classical school: utilitarian hedonism- cesare beccaria, humans are fundamentally rational, humans are fundamentally hedonistic (self serving, humans possess free will , central principle : let the punishment fit the crime i. ii. iii. iv. Punishment of criminals should be assessed according to the amount of damage to social welfare , measured in terms of utilitarian greatest happiness for the greatest number principle. Argued against capital punishment and ill treatment of prisoners. Only legislators have authority to make laws not judge should fix punishment. Role of judges is determination of guilt or innocence. Doing crime more costly such that they will choose not to do it: obama granted clemency to 231 people in one day, sentences were too severe didnt fit the crime. The positivist school: positivism: a reliance on science or scientific approach to understand human behaviors, determinism: principle that all events including human behavior have causes, darwinism: evolution of species, atavism: tendency to revert to ancestral type.
