In the study of criminology, "Schools of Criminology" represent the different stages of thought regarding why people commit crimes and how society should respond. These schools have evolved from focusing on "divine wrath" to "free will," and eventually to "scientific determinism."
1. Various Schools of Criminology
A. Pre-Classical School (The Demonological School)
Prevalent during the 17th and 18th centuries, this school believed that crime was the result of evil spirits, demons, or divine displeasure. Punishment was often brutal and involved "ordeals" to drive out the devil.
B. The Classical School
Led by Cesare Beccaria and Jeremy Bentham, this school rejected the supernatural and introduced the concept of "Free Will."
Core Idea: Individuals are rational beings who weigh pleasure against pain (Hedonistic Calculus).
Contribution: It introduced the idea that punishment should be proportionate to the crime and clearly defined by law.
C. The Neo-Classical School
This was an amendment to the Classical School. It recognized that "Free Will" is not absolute.
Core Idea: Certain factors like age (children), mental state (insane persons), or extreme provocation should be considered as "mitigating factors" during sentencing.
D. The Positive School (The Italian School)
Founded by Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo, this school shifted the focus from the crime to the criminal.
Core Idea: Criminal behavior is determined by biological, psychological, or social factors. It introduced the "Scientific Method" into criminology.
E. The Clinical School
A branch of the Positive School, it emphasizes the study of the individual criminal’s personality and psychiatric history to provide personalized treatment.
F. The Sociological School
Popularized by thinkers like Edwin Sutherland, this school argues that crime is a social phenomenon learned through interaction with others in the environment (e.g., Differential Association Theory).
2. The Most Impressive School: The Positive School (The Italian School)
Of all the schools, the Positive School is perhaps the most impressive because it laid the foundation for modern criminology by shifting the narrative from "punishment" to "treatment."
Why the Positive School is Significant:
The Shift to Scientific Determinism: Before the Positivists, crime was seen simply as a "bad choice." Lombroso and his followers argued that we must investigate the causes of crime—whether they be genetic (atavism), psychological, or environmental. This was the birth of Criminological Science.
Individualized Treatment: The Positive School rejected the Classical School's "one size fits all" punishment. It argued that because every criminal has different motivations and backgrounds, the "cure" (punishment) must be tailored to the individual. This directly led to modern concepts like Probation, Parole, and Reformatory Schools.
Humanizing the Criminal: By viewing the criminal as a "patient" or a product of their circumstances, the Positive School replaced the desire for "vengeance" with a desire for "social defense" and "rehabilitation."
Critical Comment:
While Lombroso’s early theories about "physical stigmata" (identifying criminals by their appearance) have been scientifically debunked, his underlying principle—that we must study the criminal to understand the crime—remains the bedrock of our modern legal system. Today’s focus on mental health evaluations and socio-economic background reports in courts is a direct legacy of the Positive School.
By moving away from the cold, mechanical justice of the Classical School, the Positive School introduced empathy and science into the courtroom, ensuring that the law serves not just to punish, but to heal and prevent.
No comments:
Post a Comment