Pros And Cons Of Positivist Theory

Superior Essays
Positivist Theory
Positivist theory was created from positive philosophy and the influences of practical science (Bohm & Vogel, 2011). Positivists rejected the established philosophy of Enlightenment thinkers (Bohm & Vogel, 2011). When society went through significant changes during the American and French revolutions as well as a middle class that united in strength and the Industrial Revolution is when positive philosophy took its roots (Bohm & Vogel, 2011). Saint-Simon was a socialist who has been referred to as the founder of the positivist theory. However, it was his protégé, Auguste Comte who actually created the term positivist (Bohm & Vogel, 2011). The basis of positivist theory is that natural law outweighs the laws created by man and mans free will is eliminated for cause of criminal behavior (Bohm & Vogel, 2011). A key part to
…show more content…
Comte believed that lower class people needed to submit to the elite class for social order to exist (Bohm & Vogel, 2011). This theory is considered very conservative and by having an order of classes of people based on intellect, this would help prevent social disorders, which lead to revolutions (Bohm & Vogel, 2011).

Towards the end of the 19th Century Italy takes credit for forming the positivist school of criminology, however, this school of thought was better received in the United States (Frampton, 2013). In fact, even though the positivist school has been widely rejected, it still maintains an influence in our criminal justice system today (Frampton, 2013). The main reason for the positivist school of criminology was to study how crime was derived so that it can be eliminated (Frampton,

Related Documents

  • Decent Essays

    In conclusion, the idea that man is “born criminal” has received a lot of support over the years, from various positivists and the evidence of case studies. With Cesare Lombroso being one of the founding fathers of the positivist movement, he brought with him controversial science in order to determine the criminal person, which then influenced many other biologists in this area. Since then, biological positivism has come a long way, with the use of forensics and fingerprinting still used today to identify criminals. The growing support from researchers like Dr James Fallon, has helped to show that this concept is still very current, as well as aiding positivism into the twenty first century. Nonetheless, biological positivism will continue…

    • 143 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    For many decades and centuries there has been a debate within the criminologists population about the causes to become a criminal. Throughout time, people have tried to come to a conclusion about what could be the cause for crime. It was perceived that there was one single cause for someone to commit a crime, whether it was robbery or murder. The reason in the 17th century would be that, the accused is possessed(Causes of Crime). As technology and society advanced, many criminologists began to have a different perspective.…

    • 1172 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    For Aileen Wuornos, the Liberal Feminist theory would apply to her case. The reason being that in Liberal Feminism, women who commit crimes are believed to be poorly socialized and almost masculine. Aileen wasn’t brought up very well, both her parents left her and her brother, leaving her grandparents to look after them. Her grandfather molested the children. Socialist feminist theory could also apply to Aileen Wuornos’ case.…

    • 790 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Introduction “He who does not prevent a crime when he can, encourages it”, a quote from Lucius Annaeus Seneca that helps describe how society views and “prevents” crime. Criminal theories attempt to construct views on how to prevent and fight crime but often the criminal justice system is working against society. The two theories that are explained within are the social learning theory and rational choice theory. These theories will construct views as to how and why the seven crimes are committed using the concepts within the theories.…

    • 2208 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Comte is a liberal philosopher and I agree with him because of Positivism is pure, positive facts rather than speculation. Meaning, “I know” instead of “I am not quite sure”. In all positivism is a state of being positive and having an up most mindset of thinking one day I could change the world with one little…

    • 851 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The two classical writers were focusing on the reform of the legal and penal procedures rather than explaining criminal behavior. In the process, the two came up with a theory that has huge relevance in today’s criminology. The drive of the classical writers was to change the prevailing law systems, penalties and courts in European countries since they were marred by whimsical and biased decisions. The common feature was use of torturous procedures to get confessions and cruel punishments such as mutilation, inappropriate whipping and public hanging (Jeffery, 1959). They aimed to establish a better and fairer system in the legal and judicial sector.…

    • 1445 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Assignment Three Question One Drawing upon psychological positivism discuss the ways in which crime might be considered normal in society. Psychological Positivism is the scientific understanding of crime and the criminality of the offender. This will show and allow you the comprehension about the distinction between “normal” and the “deviant” and apprehend the specifics of what triggered the rise within a deviant and the embarking start of someone whom may be an everyday normal citizen to a citizen starting an anarchy criminal rampage. Additionally, it states that something within a ‘criminal psychological makes up lends itself to their behaviour, and is usually due to parental negligence, mental illness, horrible upbringing or other mental…

    • 798 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Correctional Ideology

    • 1878 Words
    • 8 Pages

    “The correctional ideology refers to a body of ideas and practices that pertain to the processing of offenders, as determined by law.” There are three main correctional ideologies: punishment, rehabilitation, and prevention. Throughout history, these have been the methods used to deal with offenders. The make-up of these ideologies connects to the public’s opinion of the criminals. Whether society has chosen an “eye for an eye,” a more humane standard, or a hope to prevent crime, these ideologies have no doubt changed throughout time to accommodate the public’s needs.…

    • 1878 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Cultural criminology is a response to cultural and social trends and contextualises crime within lived experiences of offenders, victims and society. The geographical focus of cultural criminology is within western societies, mainly the United Kingdom and the United States of America, as this is where many of its theorists originate, such as Presdee, Ferrell and Young. Cultural criminologists see the act of transgression to contain emotions and attractions, where crime is a reaction against the feeling of being socially excluded. Subjective experience is placed at the heart of cultural criminology, as they try to understand how crime makes people feel at all levels: the victim, society, including media representation and most particularly,…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Further, while Hart does not define ‘necessary connection’, he proves to be liberal in his interpretation. Despite this, the critics of positivism have managed to reach a patently false conclusion that, according to positivism, there is no connection whatsoever between law and morality. Therefore, Fuller argues, Hart’s ‘minimum content theory’ represents a contradiction on his part. Fuller believes such theory is analogous with the law’s internal morality, only Hart refers to this as ‘justice in the administration of laws’.…

    • 1154 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The biological positivism theory emerged in the late 19th century and marked a shift in the way that society looks at criminals. Prior to its conception, the criminal justice system was based on the classical theory which stated that, because everyone has free will, individuals who commit crime make a rational choice to do so (Bradley & Walters, 2011). Biological positivism was founded in an attempt to answer the question: “What makes a person choose to commit crime?”, something that classicism wasn’t interested in addressing. For this reason, biological positivism, in contrast to classicism, puts its focus on the criminal, not the crime. With the integration of the medical model into criminology that biological positivism brought, criminality…

    • 1174 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    The concept of ‘law’ has proven itself a tricky one to articulate. Despite its relevance within society, it is hard to condense the idea of law down to its core tenets. In their quest for a concise definition, legal theorists have approached law from different angles, and have tended to divide themselves into two groups – those who believe that any summation of law must include reference to morality, and those who believe that the idea of law either can or must be completely distinguished from any moral considerations. This essay will consider the views of hard and soft legal positivists Joseph Raz and H.L.A. Hart, and natural law theorist Thomas Aquinas, in order to argue that, while all of these theories capture something of the relationship…

    • 1632 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    This perspective looks at society as a whole, as well as the influences it can have on individuals. This has become one of the main ways of looking at crime. This perspective definitely has some great benefits. The main one being that if there are large scale factors in society at play in the formation of criminals, eliminating those problems could lead to drastic changes crime rates. This is pretty different than the way the psychological theory views criminology.…

    • 702 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    However, positivism opposes classical school of thinking because it determined and it discusses that it focus on the offender, and that he or she may be being driven by different factors such as biological or psychological. However, other influences could also drive it such as pathological factors. In other words, Positivism theory of criminology states that every person behaviour is determined result of circumstances and everyone are good, but because of what background and environment they been brought up it might eventually turn them to become socially bad. That is the reason why positivist school and its theory have rejected the perspective of classical school ant their theory about all crimes being resulted of a choice by person. Positivism theory also discuss that human beings have animal nature which is then socialised into the values within society.…

    • 1411 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Classical school of criminology encouraged social control (Taylor, et al., 2003). The Classical school encouraged the state to react and be responsible of the criminal. The state was accountable for punishing the offender and providing public…

    • 1216 Words
    • 5 Pages
    Improved Essays