CC100 Chapter Notes - Chapter 2: Aristocracy, Law, Human Nature
Document Summary
Intro: classical theory developed and institutionalized in europe in the 18th century, radical challenge to the institutional and class relations underpinning system of justice at the time. Indigenous peoples also contributed to the canadian legal system (ex. treaty rights) Implied agreement to give up rights in return for protection of rights and security: role of state: regulate human interaction, rule of law: everyone is equal under the law. Individuals are held responsible for their actions because everyone has an equal capacity to reason: punishment is based on the pleasure-pain principle: pain of sentence should outweigh any pleasure gained from committing crime. Jeremy bentham: understanding behaviour is as simple as seeking pleasure and avoiding pain, punishment: should offer more pain than the transgression is worth. Individuals can make their own decisions and weigh consequences: practical challenges in classical criminology. Ho(cid:449) to se(cid:396)(cid:448)e justi(cid:272)e a(cid:374)d e(cid:395)uality (cid:449)he(cid:374) fa(cid:272)ed (cid:449)ith defe(cid:374)da(cid:374)ts (cid:449)ho do(cid:374)"t conform to being rational and equal? (ex.
