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Classical and Positivist Views on Crime
Pages 4 (1004 words)
Thinkers, writers and men and women of original disposition, particularly in the realm of arts down the ages were unable to digest the fact that the system in society could be regimented to favor a few and fine the rest.
The brutal form of justice in many countries in Europe ruffled enough thinkers in different regions to reflect on the way justice was being carried or miscarried out.
Thinkers, writers and idealists began conducting research into human and social practices in different disciplines, the good and evil side of human being as an individual, as society as a whole, and individual in relation to society and vice versa, and the balance and imbalances in human behaviour and the fairness or the lack of it in social norms.
Montesquieu's The Spirit of Laws (1748), and Beccaria's Of Crimes and Punishments (1764), collided with the mandarins of the powerful Catholic church and despotic rulers who held sway over large parts of Europe, France and Italy in particular. Nevertheless, it found favour with some 'despots' such as Frederick the Great of Prussia and Empress Catherine of Russia.
The writings of Beccaria dwelt on the form of punishment befitting the crime and not any harsher. ...
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