Chapter 5 Flashcards
(50 cards)
three basic forms of behavioural strictures imposed by social groups upon members (Sumner):
mores, folkways, law
behavioural proscriptions covering potentially serious violations of a group’s values
mores
time-honoured customs
folkways
acts thought to be wrong in and of itself
mala in se
act wrong only because it is prohibited:
mala prohibita
what is retribution?
act of taking revenge upon criminal perpetrator
early roman laws written circa 450 that regulated family, religious, economic life
twelve tables
three legal docs of the justinian code:
digest, code, institutes
what is common law?
law originating from usage and custom rather than from written statutes (non-statutory customs, traditions, precedents that help guide judicial decision making)
the major source of modern criminal law in English speaking countries around the world
common law
the foundation stone of our present liberties
magna carta
social mvmt arising during 17th century and built upon ideas of empiricism, rationality, free will, humanism, natural law
the enlightenment
human beings abandon their natural state of individual freedom to join together and form society; individuals surrender some freedoms to society and gov is obligated to assume responsibilities toward citizens
social contract (Thomas Hobbes)
blank state philosophy by:
John Locke
believed humans naturally born good, put forth notion of natural law (immutable laws fundamental to human nature)
Jean-Jacques Rousseau
what is positive law?
derives from human experiences and history, subject to continual change
rights that individuals retain in the face of gov action and interests
natural rights
criminological perspective rooted in enlightenment, promote rationalism, free will, punishment
classical school
Beccaria believed punishment was for ___ not ___
deterrence; retribution
hedonistic calculus/utilitarianism proposed by ____
Jeremy Bentham
prison designed by Jeremy Bentham to be a circular building with cells along circumfernce, each clearly visible from central location staffed by guards
panopticon
5 principles of classical school:
rationality, hedonism, punishment, human rights, due process
the application of sci techniques to study crime/criminals, reject free will
positivism
the belief that crime results from forces beyond the control of the individual
hard determinism