The Positive Theory Of The Positivist Theory

Positivist criminology emerged in the nineteenth century after people stopped relying on pure thought and reason and started to observe and analyze to understand the way things worked. “Positive philosophy was an explicit repudiation or reaction to the critical and ‘negative’ philosophy of the Enlightenment [Classicalist] thinkers” (Bohm 21). Positivism has two main elements: One “is the belief that human behavior is a function of forces beyond a person’s control [and] the second aspect of positivism is embracing the scientific method to solve problems” (Siegel 7-8). . Positivism is known for the use of science and the scientific method in their research. Positivists such as Lombroso, whom is considered the father of criminology, set the stage for examination of external forces

Crime have existed over many centuries, different eras affect the flow of crime and within those eras. Furthermore amongst individuals, there was different way of thinking into how to reduce and eliminate occurred. The act of crime cannot be eliminated, as different individuals have different perspectives of crime and for theses reasons, have different methods of advocating and eliminating crime. This essay will firstly explore the views of Classical Theory, by looking at Cesane Beccaria, the father of Classical theory and Jeremy Bentham, the founder of Utilitarian and explore how there influences are incorporated into laws and regulations, around the world. Secondly, Positivism theory explores the biological, psychological and environment

One point of view holds that the social responsibility perspective believes that individuals are fundamentally responsible for their own behavior and that they choose crime over other, more law-abiding courses of action (Schmalleger, F., 2015, p. 15). This perspective places the cause of crime directly on the individual and presumes that the individual is exercising their free will. The social responsibility perspective on crime also relies on theories about individual faults leading to criminal behavior, and that in terms of the criminal, victim, and justice system individuals play a role within the social aspect of crime. These theories suggest criminals are different from noncriminals for biological or psychological reasons, the difference between this perspective and the social

This paper summarizes four theories of criminology. Rational choice theory states that criminals act based on a thought process that weighs the pros and cons of criminality. Criminologists who believe in this theory feel that most criminals are people capable of having rational thoughts before committing a crime. Trait theory is the view of criminology that suggests criminality is a product of abnormal biological or psychological traits. Criminologists who believe in this theory feel that criminals choose to commit crime because of a brain anomaly or chemical imbalance. Social structure theory is “a view that disadvantaged economic class position is a primary cause of crime” (Seigel 139). Those who follow this theory often believe social forces can have a great effect on whether or not a person commits a crime. An example would be those who are poor are more being more prone to commit crime. Social process theory is a view that criminality depends on how a person interacts with different organizations and institutions and processes in society. For example, a family would be considered

The Classical school of criminology can be known as the free will to act at one’s own discretion, where an individual chooses to break the law upon a desirable choice. The Classical emphasizes how the system was organized, punishments for crime, and how authorities should react to crime. On the other hand, positivist school was created to see what influences an individual to break the laws, based on human beings’ behavior. Positivist school is simply trying to analyze who, what, and how crime is initiated. This study will identify the schools’ argument, and if they complement each other, the advantages and disadvantages, and the different approaches or points of view from multiple criminologist regarding the schools and theories.

Criminological theories have evolved considerably in terms of their interpretations of crime and deviance. Shifting away from the classical and neoclassical schools of criminology, we move towards a scientific approach that explains criminal behaviour as “determined by biological, psychological and social” (William & McShane, 2018: 25) factors. The question of what causes conformity and deviance is one that is asked by all positivist theorists. It is through the various positivist theories that we are able to answer this question and analyze both conforming and deviant behaviour, while simultaneously providing explanations for such behaviour. In the film Boyz N the Hood, we can see that crime is rampant, and through the multiple positivist

Criminology and the criminal justice system have framed a “taken-for-granted, common-sense” understanding of ‘crime’ and the ‘criminal’ (Tierney, 2010). ‘Crime’ is commonly understood as a violation of the criminal law; originating from religion and the sin of God and then moving towards Classicalism. Classicalism rests on the assumption of free will and recognises rational choice of the individual. It influences much of our system of justice today; especially aspects of due process. It argues that criminality is therefore part of nature; and order is maintained through law and punishments. We can see this through Beccaria’s approach of certainty, celerity and severity (Beccaria, cited in Newburn, 2013, pp116). Positivism, associated with theorists such as Lombroso, offered more of a scientific approach in identifying the causes of crime and could recognise impaired ability such as mental illness. It argues that ‘crime’ is

It allows us to examine what makes crime acceptable and desirable in the minds of potential criminals, and it gives us the tools necessary to use a proactive rather than reactive approach to crime control. To look at crime from a psychological point of view is nothing new. However, use of this technique may lead to better methods of deterrence. To begin, we must understand what the concepts are that have shaped the average person’s mind. In general the average person is faced with the concepts of determinism, free will, and social identity as they mature into adulthood.

Initially, the main belief was that criminal behavior was based on rational choice or thought, where criminals were believed to be intelligent beings and weighed the pros and cons before deciding to commit a crime; classicists Cesare Beccaria and Jeremy Bentham introduced this view. Essentially, these criminals would compare the risks of committing the crime, such as getting caught, jail or prison time, being disowned by family and friends, and so forth; and the rewards, such as money and new possessions. After making comparisons, the person would make a decision based on whether the risk was greater than the reward. This is like what is presented in an article on Regis University Criminology Program’s website, which states that a criminal “operates based on free will and rational thought when choosing what and what not to do. But that simplistic view has given way to far more complicated theories” (“Biological Theories Primer”). Nowadays, biological theories make attempts in explaining criminal behavior in terms of factors that are primarily outside of the control of the individual.

Theories of crime causation get to the fundamental characteristics of human nature. Theories of crime causation can be separated into trait theories and choice theories. Both types of theories make valid points about the causes of crime, yet they are have different implications for preventing the causes of crime. Thesis: Trait theories and choice theories both assume that humans are self-interested, but their conceptions of self-interest limit the applicability of each to certain types of crime. Trait theories appear more suited for explaining the causes of violent crime, whereas choice theories are more appropriate to property crimes or economic crimes.

Classical criminology is a way of looking at rational behaviour and free will. This approach was developed in the 18th century and early 19th century and they intended to establish a clear and legitimate criminal justice system based on equality for all. Positivist criminology is based on the understanding of crime and criminology, and its basic concept is based on the decision of behaviour. There are two types of positivists who seek to explain crimes and misinterpretations: biologics and psychological positivism. The origins of positivism and the two interrelated developments started in the nineteenth century.

Rational choice theory and social control theory both show why an individual may commit a criminal act, but they both also draw criticism of their approach. Rational choice theory critics point out that “The first problem with the theory has to do with explaining collective action. That is, if individuals simply base their actions on calculations of personal profit, why would they ever choose to do something that will benefit others more than themselves?” (Crossman, 2015). The theory focuses only on the individual’s mindset and doesn’t take into account any of their social structure. The society an individual grows up in may make them more prone to commit crime. Social control theory, in particular the study conducted by Travis Hirschi, also

In positivist criminology, a person commits a crime because outside factors influenced them. For example, a person is more likely to commit a crime if they live in poverty. In today’s society, it is easier for someone to rob or steal rather than to get a job and work for their money. Not to mention, it is harder for those who live in poverty to get jobs since most employers only want the best of the best working for their company. Living in poverty can also affect a person’s mentality. Trying to figure out how to overcome poverty can be stressful, and this can take a toll on people’s mental health and cause them to commit acts that they wouldn’t have committed if they were in their normal state of mind.

In contrast to the positivism approach, classical theory has a different way of explanation why crime occur. Classical theory

Criminology is the scientific study of crime as an individual and social phenomenon. Criminological research areas include the incidence of crime as well as its causes and consequences. They also include social and governmental regulations and reactions to crime. Nation master.com (2013) highlights that “in criminology the positivist school has attempted to find scientific objectivity for the measurement and quantification of criminal behaviour”. The Positivist School of thought presumes that criminal behaviour is caused by various internal and external factors which are outside of the individual 's control. The scientific method was introduced and applied to the study of human behaviour. Positivism can be broken up into three segments which include biological, psychological and social positivism Nation master (2013)