Etma01 K209 Classicism, Positivism and Social Constructionism
In this essay it is important to introduce the three main perspectives on crime, law and order based primarily on young people. Whilst considering these three areas; classicism, positivism and social constructionism, it is essential to demonstrate an understanding, finally giving a brief discussion of these whilst reflecting the influence these have had on contemporary theory and practice in youth justice.
Classicism and its views on crime and punishment were derived from the philosophy of Enlightenment which gained prominence across Europe in the 18th century; this in contrast to the previous legal and penal systems from the feudal and the absolutist monarchies (Young, J 1981).
The Classicists sought reform for individuals viewing them as free and rational agents. They wanted to move away from the protectionist justice system and wished for an equal, rational, system of justice for all; just as they considered people to be rational they wanted legislation and law to be rational, with the punishment being proportional to the crime (Hopkins Burke, 2008, p. 85).
When considering classicism, in terms of what is a crime and legal foundation, that no matter how serious a crime, a crime is something that conflicts with the authorities of the state and the legislator/judges, through literal interpretation (Muncie, J. and McLaughlin, E. 1996). Crime was also defined further by Muncie and McLaughlin (1996), ‘crime was a violation of criminal law’. They also state that a conviction and crime itself with actus rea and mens rea; the criminal intent of a voluntary act, followed by punishment. However, Classicism and positivism also viewed some members of society as incapable of full rational responsibility, such as children and the insane (Hopkins Burke 2008 pg. 89). Classicists Cesare Beccaria was influential on Enlightenment thinkers; Bentham a founder of Utilitarianism strived for a legal system whereby punishment was predictable and proportional to the
Classicism and its views on crime and punishment were derived from the philosophy of Enlightenment which gained prominence across Europe in the 18th century; this in contrast to the previous legal and penal systems from the feudal and the absolutist monarchies (Young, J 1981).
The Classicists sought reform for individuals viewing them as free and rational agents. They wanted to move away from the protectionist justice system and wished for an equal, rational, system of justice for all; just as they considered people to be rational they wanted legislation and law to be rational, with the punishment being proportional to the crime (Hopkins Burke, 2008, p. 85).
When considering classicism, in terms of what is a crime and legal foundation, that no matter how serious a crime, a crime is something that conflicts with the authorities of the state and the legislator/judges, through literal interpretation (Muncie, J. and McLaughlin, E. 1996). Crime was also defined further by Muncie and McLaughlin (1996), ‘crime was a violation of criminal law’. They also state that a conviction and crime itself with actus rea and mens rea; the criminal intent of a voluntary act, followed by punishment. However, Classicism and positivism also viewed some members of society as incapable of full rational responsibility, such as children and the insane (Hopkins Burke 2008 pg. 89). Classicists Cesare Beccaria was influential on Enlightenment thinkers; Bentham a founder of Utilitarianism strived for a legal system whereby punishment was predictable and proportional to the