Classical School was in what century?
Classical School interested in studying what?
Who wrote the "On Crimes and Punishment?"
Classical School examined not only human nature but...
people are assumed to automatically attempt to maximize pleasure and minimize pain
Human rights and justified existence of goverment as __ __ between the state and its citizens
glorigying people rather than church or state
Human dignity means
two writers in 18th century wrote the best-know works. They proposed that both the law and the administration of justice should be based on rationality and human rights.
(15)Cesare /Beccaria & Jeremy Bentham
Specific or individual and General or societal
(18) Two forms of Deterrance
applied to the individual who committed an offense
(18) Specific Deterrance
apply to other potential offenders by showing them that a punished individual would not gain from his or her offense. Such behavior is not profitable
(18) General Deterrance
Celerity, Certainty, Severity
(18) Three component to deterrence:
is the speed with which punishment is applied
is the concept of making a punishment sure to happen whenever an undesirable act is committed. See lack of profit in such actions
is the amount of pain to be inflicted on those who do harmful acts.
evidence had to be obtained from facts, and equality had to be maintained.
(19) Due Process
Bentham: a method of determining the rightness of an action by balancing the probable pleasures and pains that it would produce. A method of working out the sum total of pleasure and pain produced by an act, and thus the total value of its consequences.
(19) Felicific Calculus
human nature simply could not accept the idea of individuals naturally being in a state of consensus or agreement with each other.
not part of the state's base of authority. might tend to make members of a jury exercise leniency out of humane motives, therefore suberting 推翻; 破壞 the law.
(20) Capital punishment
it emphasizes the effect of societal institutions on people in general.
was predominantly macrotheoretical in its orientation. Emphasis on free will choices and human rationality. Morality and responsibility
(21) Classical School