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Thursday, November 23, 2006

Aliran Klasik

The Classical School in criminology is usually a reference to the eighteenth century work during the Enlightenment by the utilitarian and social contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and, indirectly through the proposition that "man is a calculating animal", in the causes of criminal behaviour.

The system of law, its mechanisms of enforcement and the forms of punishment used in the eighteenth century were primitive and inconsistent. Judges were not professionally trained so many of their decisions were unsatisfactory being the product of incompetence, capriciousness, corruption or political manipulation. The use of torture to extract confessions and a wide range of cruel punishments such as whipping, mutilation and public executions were commonplace. A need for legal rationality and fairness was identified and found an audience among the emerging middle classes whose economic interests lay in providing better systems for supporting national and international trade.

The social contract
John Locke considered the mechanism that had allowed monarchies to become the primary form of government. He concluded that monarchs had asserted the right to rule and enforced it either through an exercise in raw power, or through a form of contract, e.g. the feudal system had depended on the grants of estates in land as a return for services provided to the sovereign. 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 is a shift from authoritarianism to an early model of European and North American democracy where police powers and the system of punishment are means to a more just end.

In this context, the most relevant idea was known as the "felicitation principle", i.e. that whatever is done should aim to give the greatest happiness to the largest possible number of people in society. Bentham argued that there had been "punishment creep", i.e. that the severity of punishments had slowly increased so that the death penalty was then imposed for more than two hundred offences. It had therefore become counter-productive because it produced an incentive to kill any possible witnesses to every crime to reduce the risk of arrest. Bentham posited that man is a calculating animal who will weigh potential gains against the pain likely to be imposed. If the pain outweighs the gains, he will be deterred and this produces maximal social utility. Therefore, in a rational system, the punishment system must be graduated so that the punishment more closely matches the crime. Punishment is not retribution or revenge because that is morally deficient: the hangman is paying the murder the compliment of imitation. But the concept is problematic because it depends on two critical assumptions:
if deterrence is going to work, the potential offender must always act rationally whereas much crime is a spontaneous reaction to a situation or opportunity; and
if the system graduates a scale of punishment according to the seriousness of the offence, it is assuming that the more serious the harm likely to be caused, the more the criminal has to gain.
In this context, note Bentham's proposal for a prison design called the "panopticon" which, apart from its surveillance system included the right of the prison manager to use the prisoners as contract labour.

In 1764, he published Dei Deliti e Delle Pene ("On Crimes and Punishments") arguing for the need to reform the criminal justice system by referring not to the harm caused to the victim, but to the harm caused to society. In this, he posited that the greatest deterrent was the certainty of detection: the more swift and certain the punishment, the more effective it would be. It would also allow a less serious punishment to be effective if shame and an acknowledgement of wrongdoing was a guaranteed response to society's judgment. Thus, the prevention of crime was achieved through a proportional system that was clear and simple to understand, and if the entire nation united in their own defence. His approach influenced the codification movement which set sentencing tariffs to ensure equality of treatment among offenders. Later, it was acknowledged that not all offenders are alike and greater sentencing discretion was allowed to judges. Thus, punishment works at two levels. Because it punishes individuals, it operates as a specific deterrence to those convicted not to reoffend. But the publicity surrounding the trial and the judgment of society represented by the decision of a jury of peers, offers a general example to the public of the consequences of committing a crime. If they are afraid of similarly swift justice, they will not offend.
Spiritual explanation of crime
Spiritualistic understandings of crime stem from an understanding of life in general, that finds most things in life are destiny and cannot be controlled, we are born either good or bad and all our actions are decided by a higher being. People have held such beliefs for all of recorded history, “primitive people regarded natural disasters such as famines, floods and plagues as punishments for wrongs they had done to the spiritual powers”.[1] These spiritual powers gained strength during the middle ages as they bonded with the feudal powers to create the criminal justice systems. Under a spiritualistic criminal justice system, crime was a private affair that was conducted between the offender and the victim’s family. However this method proved to be too revengeful, as the state took control of punishment. Spiritual explanations provided an understanding of crime when there was no other way of explaining crime. However, the problem with this understanding is it cannot be proven true, so it was never be accepted.


The idea of man as a calculating animal requires the view of crime as a product of a free choice by offenders. The question for policy makers is therefore how to use the institutions of the state to influence citizens to choose not to offend. This theory emerged at the time of the Enlightenment and it entirely consistent that it should focus on rationality. But, because it lacks sophistication, it was operationalised in a mechanical way, assuming that there is a mathematics of deterrence, i.e. a proportional calculation undertaken first by policy makers and then by potential offenders. This School believed that there are constants of value in pain and gain that can swing a decision to offend or not to offend. But not everyone is the same nor has the same view of what constitutes a price worth paying. It also had a certain utopianism in assuming that the policing system could rapidly grow and deliver a better service of investigation and detection. If certainty of punishment is to be achieved, there must be a major investment in policing.
As other Schools of thought developed, Classicism slowly grew less popular. But it has seen revival through the Neo-Classical School and the theories of Right Realism such as the Rational Choice Theory.


Andrews, Richard Mowery. "The Cunning of Imagery: Rhetoric and Ideology in Cesare Beccaria’s Treatise On Crimes and Punishments." In Begetting Images: Studies in the Art and Science of Symbol Production, edited by Mary B. Campell and Mark Rollins. New York: Peter Lang, 1989.
——————. Law, Magistracy, and Crime in Old Regime Paris, 1735–1789, volume I, The System of Criminal Justice. See 441-72. Cambridge: Cambridge University Press, 1994.
Beccaria, Cesare Bonesana. An Essay on Crimes and Punishments. [1764]. 2nd American edition. Translated from the Italian by Anonymous. Philadelphia: Philip H. Nicklin, 1819. [Archive]
Beccaria, Cesare. On Crimes and Punishments. [1764]. Translated from the Italian by Richard Davies and Virginia Cox. In On Crimes and Punishments and Other Writings, edited by Richard Bellamy. Cambridge: Cambridge University Press, 1995.
——————. On Crimes and Punishments. [1764]. Translated from the Italian by David Young. Indianapolis, Indiana: Hackett, 1986.
——————. "A Discourse on Public Economy and Commerce." [1769]. Included as "Inaugural Lecture" in Cesare Beccaria, On Crimes and Punishments and Other Writings, edited by Richard Bellamy. Cambridge: Cambridge University Press, 1995. [WWW].
Beirne, Piers. "Towards a Science of Homo Criminalis: Cesare Beccaria’s Dei Delitti e Delle Pene." [1991]. In Inventing Criminology: Essays on the Rise of ‘Homo Criminalis’. Albany: SUNY Press, 1993.
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. [1789]. In A Bentham Reader, edited by Mary Peter Mack. New York: Pegasus Books, 1969. [WWW]
——————. The Rationale of Punishment. London: R. Heward, 1830. [WWW]
——————. The Rationale of Reward. London: John and H. L. Hunt, 1825. [WWW]
Cockburn, J. S. "Punishment and Brutalization in the English Enlightenment." Law and History Review 12 (1994): 155-79.
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Translated from the French by Alan Sheridan. New York: Vintage Books, 1979. [See Part II.]
Fuller, Timothy. "Jeremy Bentham and James Mill." In History of Political Philosophy, edited by Leo Strauss and Joseph Cropsey, 710-31. Third edition. Chicago: University of Chicago Press, 1987.
Geis, Gilbert. "Jeremy Bentham." In Pioneers of Criminology, edited by Hermann Mannheim. Montclair, New Jersey: Patterson Smith, 1972.
Hart, H. L. A. "Bentham and Beccaria." In Essays on Bentham, Oxford: Oxford University Press, 1982.
Maestro, Marcello T. Cesare Beccaria and the Origins of Penal Reform. Philadelphia: Temple University Press, 1973.
——————. Gaetano Filangieri and his Science of Legislation. Philadelphia: American Philosophical Society, 1976.
——————. Voltaire and Beccaria as Reformers of Criminal Law. New York: Columbia University Press, 1942.
Manzoni, Alessandro. The Column of Infamy, Prefaced by Cesare Beccaria’s "Of Crimes and Punishments." Translated from the Italian by Kenelm Foster, O. P. and Jane Grigson, with an Introduction by A. P. d’Entrêves. London: Oxford University Press, 1964
Vold, G. Bernard, T. and Snipes, J. (1998) Theoretical Criminology. Oxford University Press, Oxford

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