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Questions and Answers
What is the learning objective of the presentation?
Students will be able to explain and critically evaluate classic and modern legal theories and discuss their implications for understanding the nature and application of law in contemporary society.
Which of the following statements reflects the classical theory of law?
Positivist theory accepts the concept of free will.
False
What is the focus of the positivist approach to crime?
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According to classical theories, what should determine criminal accountability?
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Who are some critics of the classical approach that founded the positivist school of criminology?
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What is the Golden Rule referenced in relation to natural law?
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What is the learning objective of the presentation?
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What do ancient Greek philosophers believe distinguishes humans from other species?
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Who presented the classical theories section?
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Classical theories argue that man lacks free will.
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Positivist theory accepts the concept of free will.
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What did the Spanish Penal Code of 1870 focus on?
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The focus of positivist theory is on the defense of society from individuals deemed ______.
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Which philosophical view suggests that all men have a common nature that sets them apart from other species?
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What is one principle rooted in the common, intelligent nature of humans according to Natural Law?
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Study Notes
Learning Objective
- Aim to explain and critically evaluate both classic and modern legal theories.
- Discuss implications of these theories on understanding law in contemporary society.
The Classical Theories
- Classical theories emphasize moral responsibility and free will in criminal behavior.
- John Locke articulates the essence of freedoms under government through legislative rules.
- Man is seen as a moral creature with the capacity to choose between good and evil.
Moral Responsibility and Free Will
- Individuals are accountable for their wrongful acts only when free will is intact.
- Criminal accountability based on individual choice highlights punishment tailored to the crime, not the criminal.
Crime and Punishment Under Classical Theory
- Spanish Penal Code of 1870 exemplifies classical thinking with defined punishments for specific crimes.
- Critics argue this approach lacks flexibility and does not consider individual circumstances.
The Positivist Theory
- Positivism challenges the notion of free will, attributing crime to external factors like biology or psychology.
- Focuses on societal protection from individuals deemed "socially dangerous" rather than on moral culpability.
Positivist Approach: Crime as a Social Phenomenon
- The classical approach imposed rigid, predetermined penalties without assessing individual cases.
- Founding figures such as Cesare Lombroso and Enrico Ferri sought a scientific understanding of crime, advocating individualized responses over blanket punishments.
Natural Law
- Rooted in ancient Greek philosophy, natural law posits that all humans share a common nature defined by reason.
- Emphasizes self-consciousness, enabling individuals to reflect and seek meaning.
- The Golden Rule serves as a universal moral principle, suggesting reciprocity in treatment of others.
Learning Objective
- Aim to explain and critically evaluate both classic and modern legal theories.
- Discuss implications of these theories on understanding law in contemporary society.
The Classical Theories
- Classical theories emphasize moral responsibility and free will in criminal behavior.
- John Locke articulates the essence of freedoms under government through legislative rules.
- Man is seen as a moral creature with the capacity to choose between good and evil.
Moral Responsibility and Free Will
- Individuals are accountable for their wrongful acts only when free will is intact.
- Criminal accountability based on individual choice highlights punishment tailored to the crime, not the criminal.
Crime and Punishment Under Classical Theory
- Spanish Penal Code of 1870 exemplifies classical thinking with defined punishments for specific crimes.
- Critics argue this approach lacks flexibility and does not consider individual circumstances.
The Positivist Theory
- Positivism challenges the notion of free will, attributing crime to external factors like biology or psychology.
- Focuses on societal protection from individuals deemed "socially dangerous" rather than on moral culpability.
Positivist Approach: Crime as a Social Phenomenon
- The classical approach imposed rigid, predetermined penalties without assessing individual cases.
- Founding figures such as Cesare Lombroso and Enrico Ferri sought a scientific understanding of crime, advocating individualized responses over blanket punishments.
Natural Law
- Rooted in ancient Greek philosophy, natural law posits that all humans share a common nature defined by reason.
- Emphasizes self-consciousness, enabling individuals to reflect and seek meaning.
- The Golden Rule serves as a universal moral principle, suggesting reciprocity in treatment of others.
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Description
Explore the diverse theories that shape our understanding of law in this quiz on the Philosophy of Law. Delve into classical theories, including Natural Law, and assess their impact on legal thought. This content is rooted in the 2024-2025 academic curriculum.
