Cesare Beccaria was seventeenth century writer, who wrote about his views and opinions of the criminal justice system. One of Beccaria 's beliefs was that the court system and laws should be used to keep safety and order. In order to make the judicial system better, Beccaria wanted to fix the corruption of the judges. In addition to this, Beccaria believed that knowing you would get punished was better than knowing that the punishment were terrible. Another of Beccaria 's beliefs was that the punishment should fit the crime.
Some of the early sociologists had very strong views on how society should develop and so whilst they might have used positive sociology they would also have dealt with normative sociology. Normative sociology deals with value judgements. The statement, “the government should restrict social security payments even if it leads to higher deprivation” is an example of a value judgement because it is built on the basis of individual beliefs and cannot be scientifically tested. Positive sociology evaluates by looking at whether the hypotheses successfully predicts the results. This has been useful in evaluating empirical evidence, but may have led sociologists to concentrate too much on easily quantifiable areas of sociology.
Offenders are punished because they deserve to be punished. Crime offsets societal balance and punishment restores this balance. The view is that human beings have free will and capable of making rational decisions. An individual who makes a rational decision to upset the balance of society must be punished (Mishra, 2016). The deterrence theory of punishment justifies punishment as a necessary measure to prevent people from committing crimes.
In the Letter Concerning Toleration, Locke has emphasized the importance of persuasion in political power. Locke (1689, p.12) pointed out that the duty of the member in the society are exhortations, admonitions, and advices; if the offenders will not be reclaimed by the soft power, then the society has to use hard power to expel the offenders. In the argument, Lock believes that the use of political power should begin with soft power. If the soft power cannot function effectively, then the society should use hard power to stop the chaotic order and establish a new order. Therefore, the composition of political power should include force and
Rawls was a liberal moral and political philosopher, who attempted to construct a philosophy concerning justice and a theory for establishing political frameworks designed to preserve two important tenets of social justice and individual liberty. His writing is itself a reaction, he writes in response and as an alternative to the predominant theory of utilitarianism, which suggests that justice is defined by that which offers the largest amount of good to the greatest number of people. Rawls introduces a thought experiment, a theoretical person who, shrouded in what he called a “veil of ignorance”(REF NEEDED), must somehow design a society that is just without any foreknowledge of their own place within that society. From this objective stance, which he refers to as the original position, this hypothetical individual would choose a conception of justice that adequately provides for the worst off in society. This would happen as, owing to the objectivity of the individual, they may end up in a lower class in society and would want provided for if that was the case.
Sorel 's Reflections on Violence is not a mere intellectual endeavor; rather, it is a revolutionary guideline. As Chiaria Bottici notes in A Philosophy of Political Myth, this Sorel 's text 'clearly has an activist intent: to develop a severe critique of the parliamentary socialists and their neglect of the primary role played by proletarian violence in history ' (Bottici 2007, 159). In Reflections on Violence Sorel tries to develop a specific revolutionary ethics which will be true to the genuine Marxism. He explicitly states that the task of his study is 'to deepen our understanding of moral conduct ' (Sorel 2004, 40). It is crucial that moral conduct is associated here with political practices and,
It has saved lives from the mistakes made before this amendment. The judge has the opportunity to assign legal punishments and penalties, but the purpose of this amendment was too protect them from the preposterous punishments like the excessive use of the death penalty for cases not necessary. The history of the amendment actually dates back to the roots of the amendment which was used in the Bill of Rights in 1689. The new amendment made in 1791 was a replica in a way of what was in the Bill of Rights. The practical use for this amendment was obviously needed because the punishments used back in those early times was much more aggressive and cruel.
Pound placed his sociological jurisprudence in opposition to what he termed "mechanical jurisprudence," which he characterized as a common but odious practice whereby judges woodenly applied precedent to the facts of cases without regard to the consequences. It is to be emphasized that the common law should develop slowly and that it should only follow changes in society. Focusing upon the criminal aspect of the legal system the aim is to curb or deter the society from the commission of certain acts detrimental to human existence. Criminal law is a step to ensure that human survival is encouraged in a conducive environment ensuring that wrongful and harmful human actions are curtailed by the State, in furtherance of the concept of ‘Welfare State’. The attempt is to scrutinize the act of entering into a ‘conspiracy’, which is seen to be the foundation in the commission of various high-profile and petty crimes.
The reason was that in spite of the fact that prison was the symbol of the monarchy arbitrariness they found that prison and imprisonment could be a very good means or a very good tool in order to not only to punish but to reform prisoners and inmates and this reform this change in the mind that manifests itself in the individuals behavior and so on. How could they imagine they can obtain it? Through disciplinary techniques. And where did they find these disciplinary techniques? In schools, in the army and so on; where have they been used since the middle of the 17th century and they have tried to build penal institutions on the modern, not in the ancient prison but on the modern school, army and so
If someone 's being treated in a way you wouldn 't want to be treated, then change that. What you do to change that is justified. One should always follow rules of conduct which they think are ethical and if these are against the law, then its justified to break the law on moral grounds. You 're breaking the law because the fundamental principles of right conduct are more important than legalities, customs and enactments. Instead of conforming to the laws made, you are conforming to rules of right conduct.