LS222 Chapter Notes - Chapter 2: Jeremy Bentham, Differential Association, Methodological Individualism
9 Dec 2013
School
Department
Course
Professor
Document Summary
Chapter 2: the classical school: issues of choice and reasoning. Criminal culpability rests on issue of reasoning and criminal intent: legal evidence based on degree which person is considered to have committed an act and either voluntary or not. Legal constructs of free will and reasoning capacity are products of school of thought: classical school. Characterized by belief in influence of free will on commission of behaviour and use of punishment to deter criminality, but enough punishment to outweigh benefits of committing crime. Contemporary systems of criminal justice modified to include: mitigating circumstances thought to reduce impact of free will on behaviour. Classical school argues that people act on exercise of free will and reasoning. Individual acts are used to accomplish some desired goals. Individual responsibility for behaviour: doesn"t mean that they always accept responsibility for their actions, but society holds the person accountable, result of conscious, calculating thought, freedom to make personal behavioural choices unencumbered by external factors.
