Sociology

CLASSICAL AND NEO-CLASSICAL THEORY OF CRIME

ABSTRACT

Neo-classical Theory of crime: Classical crime theory is represented by the theoretical study of Jeremy Bentham and Cesare Beccaria. Jeremy Bentham was a founder of English utilitarianism. Bentham thought that human beings are hedonistic and act only in their own self-interest. Utilitarianism also considered rational courses of action when people pursue own interests. Utilitarian teachings are an important part of criminal-justice ethics today. Neoclassical crime theory is a continuation of classical crime theory tradition. Development of neoclassical crime theory will continue in 1980 with a forming of new sociological theories, i.e. differential association and identification. Although sources that mention neoclassical school and crime theory of criminology are merely sparce, it main contribution to the field of criminology is reflected through the understanding of individual differences of the perpetrators. While classical school was wholly concern with an explanation of crime, neoclassical crime theory saw

some

flaws

in

Beccaria's theory of crime.

Classical

crime theory completely concentrated on the criminal act and positivist crime theory concentrated on the perpetrator. Positivists were obsessed with behavioural prediction and classicist with a crime explanation. Neoclassical crime theory sought to improve the stances towards perpetrators who should have an impact on the level of guilt and severity of punishment. Not all perpetrators should be treated in the same fashion, because the evident differences exist among them. Crime is a result of many conditions that have ultimately influenced

on

the

perpetrators

to

commit

it.

Representative

of

neoclassical

criminology theory, Gabriel Trade published the book "Penal philosophy" in 1890. Gabriel Trade was a French sociologist and founder of neoclassical criminology school. In his book Trade criticizes classical and positivist criminology and takes the best from both criminology. Neoclassical criminology theory considers age, gender and social class of the perpetrators. The perpetrators are people who think, feel, act and criminal behaviour is learned within groups by imitation and identification.

Classical Theory of Crime: this theory suggests that people think before they proceed with criminal actions; that when one commits a crime, it is because the individual decided that it was advantageous to commit the crime. The individual commits the crime from his own free will being well aware of the punishment. This theory, along with choice theory, derived its basis from what John Locke penned “The Social Contract.” Locke proposed that all citizens are equal, and that there is an unwritten but voluntary contract between the state and its citizens, giving power to those in government and defining a framework of mutual rights and duties. In Leviathan, Thomas Hobbes wrote, “the right of all sovereigns is derived from the consent of every one of those who are to be governed.” This way of thinking enforces the idea that we, as citizens, agree to follow the laws of the government in return for our protection and sustenance which is very different from early European authoritarianism

SYNOPSIS RESEARCH METHODOLOGY For this project titled, ‘Classical and Neo-Classical theory of crime ‘the Comparative doctrinal method. Primary resources referred to in the course of research include books, journals, law reports and cases, most of them accessed from the DSNLU law library. Other sources like articles, and the like were accessed online through the use of online databases. All direct quotations have been properly footnoted. AIM AND OBJECTIVES The aim of the project is to trace the Classical and Neo-Classical theory of crime and analyse the developments that led to its enactment in The Morden Era way to deal Punishment. The project also ventures to seek Origin and development in general and present a brief view on the changing notions.

SCOPE AND LIMITATIONS The project covers the development of the ‘Classical and Neo-Classical theory of crime’ the research is limited to the resources available at the DSNLU Library. Books related to the topic are available at the library. Also, the sources available on the internet helped a considerable deal. Suggestions from the course-instructor and fellow students have been incorporated wherever necessary.