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CLASSICAL SCHOOL SOCIAL CONTRACT THEORY 1. Individuals come together and contract to form a society. They rationally survey gains and losses and come to a deliberative agreement to live together in society, each giving up something in order to get other benefits in return. 2. Human will is a psychological reality, a faculty or trait of the individual which regulates andcontrols behavior. God, the Devil, and nature can influence the will. 3. A variety of different impulses, desires, or drives lead individuals to form socities (peace, hunger, sex, social needs, companionship, fear). 4. The principal instrument for control is fear, especially fear of pain. 5. Punishment (pain, humiliation, disgrace) is the principal method of creating the fear necessary to influence the will and thus to control behavior. 6. Society has the right to punish the individual and the state has the exclusive right to execute the individual. 7. A system of punishments for forbidden
acts is necessary for deterrence. Cesare Bonesana, Marchese de Beccaria
(1735-1795)
NEO-CLASSICAL SCHOOL MODIFICATIONS OF FREE WILL THEORY 1. Recognition of mitigating circumstances in personal responsibility
BIOLOGICAL POSITIVIST SCHOOL Cesare Lombroso (1835-1909) Four major types of criminals
Enrico Ferri (1856-1928)
Five major types of criminals
Rafaele Garofalo (1852-1934)
System of punishment
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