Theoretical Fundamentals of different punishments in Western countries (with regards to classic and positivism school of thought)

Abstract:
Criminal law also like any other subject has its own way of change, challenges and its process.Law scholar in different nations tried to solve this riddle why some people in a society commit a crime, ignore the civil rules and break the laws, meanwhile most of the people respect the law and follow the regulations.It is worth mentioning that in different period of time scholar investigated the different aspects of crimes and their punishments and as result various views were developed an considering the punishments.One of these views is the metaphysical of punishment in which people were punished by metaphysical powers because of their indecent actions in the forms of natural disasters and catastrophes. Following this more than a thousand years in Europe the ancestor of churches defined a crime as a sin. Churches gained the qualification to torture criminals in its most terrifying way.In the later years a new view called new classic school of thought was developed as a response to the dominate criminal policy which had intellectual beliefs. These intellectual were an advantages implementation of absolute justice and punishment in which defined a crime.The classic school of thought involved that before every thing a punishment must prevent a criminal form committing a crime. In this school some intellectuals like Bentham offer more rigid and sever view.With the pass of time this school was criticized and led to the appearance of neoclassic's feather is that it gives attention to the different between criminals in different specific situations.After positivism became to existence in the last quarter of 19th century, scientific view towards a crime was formed and scientific studies were started.Positivism on the basis of its news attitude towards a crime paid attention to various punishment and social supportive actions.In this research we will do a very brief investigation about different opinions in positivism and classic schools, on the basis and the objectives of defined punishment will analyze their mode of change.
Language:
Persian
Published:
Order & Security Research Journal, Volume:2 Issue: 2, 2009
Page:
129
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