3.3 Classical School of Criminology
As education, philosophy, and novel ideas spread through Europe during the Age of Enlightenment, the public became tired of the status quo and began heavily questioning the authority of the church. Many philosophers started arguing that humans were rational, thinking agents who possessed free will. This flew in the face of the church’s claim that bad behavior (crime) was often the result of demonic possession, not individual, rational thought and choices. This new way of thinking caused an uproar because if crime was the result of rational decision-making, it could not be solved through religious intervention. The existing system was falling apart, and a new system needed to be developed. It was in this setting that the classical school of criminology was established.
Philosophers, social reformers, and other major thinkers who gained popularity and prominence during the Age of Enlightenment believed that humans were reasoning beings who made decisions based on their own self-interest and rationality (weighing the pros and cons of their actions). Consequently, rational choice, individual agency, and free will are at the core of classical criminology. With these ideas in mind, they proposed new methods of addressing crime and a new system of justice.
The social contract was an important element of this new way of looking at people’s decision-making and behavior. The social contract, which is typically associated with theorists like Jean-Jacques Rousseau, Thomas Hobbes (1651) and John Locke, is a view of social order that claims society must voluntarily give up some of their personal freedoms in exchange for public safety as provided by the government. Laws are still made with the social contract in mind. For example, we sit and wait at red lights, even when we are in a hurry, because there are negative consequences for running a red light, such as receiving a traffic ticket or getting in a collision. Theoretically, we have all collectively agreed that this inconvenience (restriction of our freedom to move about as we please) is worth it for our ensured safety (prevention of car accidents).
When we break the law, we break the social contract and may be harming other members of society. For the good of society, Enlightenment thinkers proposed ideas that they believed would get everyone to live in line with the social contract and not break the law. Although these philosophers and theorists believed it was important for the people to have a say in the government and justice system, “the people” primarily consisted of white landowning men and excluded the poor, women, persons of color, and other marginalized groups.
Cesare Beccaria and Deterrence Theory
Cesare Beccaria was a wealthy and powerful Italian nobleman who often gathered with peers to debate different issues and discuss legal reforms (figure 3.4). In 1764, he published his book On Crimes and Punishments, in which he argued for criminal justice reform. Becc