Test 3 10 29 2015 Looking at ideology as a form of discourse All communication could be understood in ideological terms if you can ask the questions What are the roots of these ideas and words What are the circumstances and instances behind them and What commands do they justify 1 20 3 major schools of thought in criminology in ideological terms that come from very specific historical and social circumstances Criminology began with classical criminology with the works of 3 00 o Bentham Introduction to the Principles of Morals and Legislation 1780 Wrote with a utilitarian attitude and outlook o Beccaria Essay on Crime and Punishment 1764 Four circumstances that engendered classical criminology 1 First circumstance o Classical criminology is very much an expression or manifest of the enlightenment period 5 45 o Enlightenment as an intellectual movement It was a variety of things but what it was for us was a critique of the existing social political and economic culture o Enlightenment was part of fuel for transition from feudalism to capitalism o Enlightenment was a critique of feudal society using human nature as the standard of critique 7 30 Rousseau s book Social Contract written in 1762 first line Man is born free and is everywhere in chains 9 20 He also wrote Discourse on the Origins of Inequality Beccaria such good things we owe to the productive enlightment of this age 13 00 2 Second circumstance o The existence of asymmetrical structures of power and privilege o People got what they got because of who they are not because of what they did Outcomes in life based on who you are not what you do 16 30 Punishment was not an exception to that meaning some got harsher punishment for the same crime This was very problematic How someone became someone Land ownership gives inheritance nobility Guild craft monopoly work your way in and up 24 45 Church you are to be actively participating in the church to get salvation 27 20 Mercantilism System of commerce and trade Monopolized Had to go through monarchy 30 30 o Bourgeoisie merchants traders bankers People who existed in market Creators participants 32 00 Emerging class of people o Unpredictable They got what they got by rationally calculating the benefits and costs to maximize utility as individuals 34 30 o They had stuff that was easily taken so they wanted people who robbed to be punished 3 Third circumstance 37 30 were at the top administrative positions o State power including administration of law was in the hands of the nobility who o Had a monopoly of access to court positions legislative positions and o Had special courts for themselves o Special punishments because of who they are not what they did 4 Fourth circumstance 41 45 o How punishment transitioned from the manipulation of bodies to the manipulation of minds o Through deterrence o Punishment was a spectacle of inconsistent excess 43 15 o Making punishment a function of what you do not who you are o Nobility got special treatment 51 00 o classical criminology represents a 54 00 o interests served by this ideology who subordinate but rising bourgeoisie had the most to gain if punish was consistent what was to have more predictable punishment 11 03 2015 Classical criminology is good at seeing and sowing the relation between circumstances and interests and then the commands that are justified by those reports 4 00 Primary circumstances behind the emergence of classical criminology transition from capitalism to feudalism 4 45 Facilitation by ideas from the enlightenment which used human nature to critique 5 20 Bourgeoisie were not a part of this hierarchical order They were people who lived by their wits intelligence and effort They got what they got because of what they do Bourgeoisie had stuff that could be stolen therefor they wanted those who commit crime to be punished 7 00 People began seeing that punishments were disproportional to the crime Punishment became inconsistent 1829 during depression in London Merchants and shop keepers wanted reform and petitioned parliament 8 40 What are the reports classical criminology makes o Reports about human nature 10 40 Bentham 12 20 o Human nature described by classical criminology is the bourgeoisie Sensual Rational Pleasure and pain dictate what we shall and should do 13 40 Function of the processing of evidence 20 50 The key to rational behavior is the processing of evidence And free as individuals Trying to break the hold of the hierarchy and put in place free individuals making rational choices 24 00 Beccaria 26 30 Commands refer to Chirico s email o Punishment consistent with human nature 29 00 Punishment should intrude on natural liberty as little as possible Punishment should be minimal Punishment should reduce utility To justify on intruding on natural liberty To produce utility punishment should deter crime o To deter punishment should be something a rational utility maximizing person can take into account o Punishment should serve as evidence of the cost of choosing crime when calculating individual utility To serve as evidence punishment should be swift certain consistent and proportional to the harm benefit of the criminal 11 05 2015 Positivism as Ideology Dominant school of thought In criminology Origins of positivism 3 40 Positivism is the application of science for the 2 00 Positivism is about cause o 1870s 1890s o Founder of positivism was August Comte Interested in developing a positive 4 40 A reaction to all of the change that the enlightenment was about as well as the emergence of capitalism He applied the method of science to the study of how society persisted and changed From this he developed the laws of social statics and dynamics 7 00 o Commands of positivism 12 20 The goal of consolidating order Acquiesce to the inevitable as revealed in laws Diminution of crime Reform or manage criminals Elimination of anti social conduct Engineer social consent o It all comes down to CONTROL ORDER 18 00 Circumstances 21 45 o Attended the rise of bourgeois to power economically politically and culturally o Were a subordinate group A class who lived by exchange to maximize utility o Positivism came with the rising of the bourgeoisie o Value on individualism radical 24 00 Wanted individuals to be free to compete to maximize utility to get them away from hierarchical structure Freedom o Mass migration 31 20 From rural to urban environments o Call for control and order o Extraordinary immigration o Periodic crisis of
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