H. L. A. Hart's Theory Of Crime

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The Argument
An eighteenth-century theory is examined by H. L. A. Hart where he explains his stance on the significance of the psychology of action that creates crime. The theory seeks to explain how human action solely muscular contraction is. Austin tells society the misguidance of using words such as, hitting, shooting or killing because they do not accurately depict singular actions as opposed to what they really are, which are various muscular contractions. Hart believes the mere desire to move one’s muscles has little to no impact on the intention of behavior. Hart explains there are two elements to Austin’s theory. Part one is the physiology of the crime, down to the human’s muscular contraction, are we to at this point label the decision
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Hart quotes Austin as he explains, “Certain movements of our bodies follow invariably and immediately our wishes or desires for those same movements: Provided, that is, that the bodily organ be sane, and the desired movement be not prevented by any outward obstacle…” (cite 46?) The relevance of this argument is to understand that there are some that believe criminal activity should be dissected down to the physiology of a crime to understand the crime’s consequences. The weight of this subject matter can be interpreted as relevant or irrelevant in how it contributes to the understanding of crime and later how punishment complements the crime. An example to support this idea is a situation where a woman pushes her spouse down the stairs and he suffers from a fractured spine. Say the woman harbors resentment that has been ignored by her psyche, this conscious decision instantly creates a splinter irritating the image of her spouse. Behavior is not committed if a cause or desire to have an effect is not in place. By the woman possessing a desire to express her suppressed frustration, her emotions trigger muscle movements that may blacken her consciousness for a moment, while her survival…show more content…
I believe in linking muscles with consciousness. When we play with the psychology responsible for a person’s actions, one can realize that a split occurs between a part of the criminal’s self which is vulnerable and thus capable of committing crime, parallel to the other part of the self, struggling to deal with the situation at hand. Humans have a consciousness and can willingly disconnect from aspects of themselves. These fragments which are a byproduct of rejected trauma, are pushed into a corner where they no longer play an active role in the person’s identity. In rejecting aspects of a person’s true self, an inner child self that has been suppressed and thus molded by poor experiences, the person then chooses to identify with a persona now capable of committing serious crime even if it is in direct opposition to their core values. From there, consciousness can communicate with the body. Once a connection is made, the mind inspires emotion, muscle contractions are fueled by emotional activity that triggers a response. Every decision stems from a fight or flight response because our actions are determined by the strongest will telling us that it is exactly what we need to survive, to commit the crime. After the fight or flight response inspires a decision that creates a scenario with legal consequences, the one responsible faces punishment. Stripping away the
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