Classical School Theory

568 Words Feb 2nd, 2018 2 Pages
Among the major ideas that descend from this theory are the concepts of humans as free-willed, rational beings, utilitarianism (the greatest good for the greatest number), civil rights and due process of law, rules of evidence and testimony, determinate sentencing, and deterrence. The writes during this period examined not only human nature but also social conditions as well. The Classical School, gave us a humanistic conception of how law and criminal justice system should be constructed. Law was to protect the rights of both society and individual, and its chief purpose was to deter criminal behavior, the law emphasized moral responsibility and the duty of citizens to consider full the consequences of behavior before they acted. This thinking required humans possessing free will and a rations nature.
The major explanation for human behavior was the hedonism theory, which means people are assumed to automatically attempt to maximize pleasure with the minimum pain. This theory was formed by Jeremy Bentham who said the value of any pleasure or pain would be determined by its intensity, duration, and certainty. Any individual should be able to weigh the pleasure to be gained from an illegal behavior against the punishment or pain decreed by law and subsequently to decide against the act. Bentham believed that punishment…
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