View of justice system, positivist, scientific treatment to cure pathologies and rehabilitate offenders. Classicalist, social contracts exist to protect society; due process and concern with civil rights; restriction on system. We see the positivist trying deal with criminality with science and treat whilst the classicalist from a legal prospective. Managing the crime, positivist, therapy, drug treatment, behavioural regimes. Classicalist, emphasis that punishment for deterrence; sentencing are fixed lengths going back to their policy that punishment should be proportionate to the crime committed.
Positivism says treat the criminal with therapy and other scientific means and the classicalist says one has to be punished with a fixed sentence, again we see one school looks at a scientific means to reduce social disorder and the other one try’s to find a legal process to deal with the problem. Criminological experts: the experts who hold the positive view are mainly scientist and treatment experts. The experts who hold a classicalist view are mainly philosophers and social reformers.
Positivist, are mainly scientist and treatment works because they believe that due to the advancement in science they can explain things and treat individual. The classicalist, are mainly philosophers and social reformers because they already have the opinion that all human are autonomous beings and everyone is equal and if one assumes that then one has to take into consideration that naturally people make rational choices, classicalism has a political element where it says about a social contract with the government and when breached you will be punished because the government is there to protect citizen rights.
I have finished explaining the two theories and the major points in each one also I have explained and distinguished the factors that make each theory different from each other. Now I will summaries everything in my conclusion. Conclusion I have distinguished and contrasted the two theories and found the factors that contrast them and make the two schools different from one another. I must say that none of the theories are wrong nor does any evidence suggest that they are full of flaws but it is open to debate.
Positivist approach may be seen by some as an ideal way to deal with social disorder some may disagree and say classicalism is far more better in dealing with social disorder, my opinion is that in modern times id rather approach social disorder from a positivist perspective.
Bibliography Roger Hopkins Burke 2001, an introduction to criminological theory, Devon: Willan publishing. Frank P. Williams III, Marilyn D. Mc Shane 1999 third edition, criminological theory, New Jersey: Prentice hall Lecture 3 notes handouts.
