Biological Positivist Theories is a conception that explains the criminal system that is going to focus on the perpetrator of the crime and typologies. Also, not so much on the crime and the punishable actions. As the subject of Biological Positivism involves real facts and figures of society, it requires deep knowledge to work on it. Thus, Sample Assignment brings Biological Positivist Theories Homework Help for students who are running out of time and find it difficult to solve such assignments. At our place, you can request Custom Essay Help anytime as our experts are working all day all night only for you.
The importance of the development achieved in the 19th century by the natural sciences produces a scientific environment. Nature and mathematics had the character of Science (only they used the empirical method, typical of the positivist concept of science). Von Kirschmann denies the scientific character of legal studies:
- Due to the lack of a stable object (the law is changed by the will of the legislator).
- Absence of progress and no contribution to the general progress of humanity.
Faced with this new concept of science, the liberal state enters into crisis. In the middle of the 19th century, the event of the industrial revolution and the emergence of the proletariat required an interventionist policy. On the right penalty, increases the crime rate necessitating an intervention of the state.
Faced with the opposition to consider the legal penalty as science begins to the method of natural science adopted the right penalty. Two main currents emerge that support the use of the scientific method in law:
a) Positivist Criminology (Italy): studies crime and offender as natural realities.
b) Legal Positivism (Germany): focuses its analysis on the legal norm
The early positivism criminology is LOMBROSO (In 1876). It should also be illustrious FERRI ("Theory of immutability and disowning of free will, "Criminal Sociology"). And GAR FALO was the author of "Criminology", endows positive constructions with a legal consistency that other authors lacked.
1. They deny free will. There is the born offender: the offender is an individual subject to biological tendencies and is influenced by the physical and social environment.
2. The behavior of men is subject to the law of causality like other natural phenomena, it is determined by a complex of physical and social phenomena. We must inquire about the natural or social causes that generate criminal behavior. Individual responsibility is replaced by social responsibility: Man is responsible for the fact of living in society (danger of committing new crimes).
3. Abandonment of any retributions position (the idea of prevention appears).
4. The rights of society predominate over those of the criminal: each dangerous criminal has peculiar characteristics that cannot be provided for in the law. Legal guarantees yield to judicial discretion. An indeterminate sentence is observed in the penitentiary field
- It constitutes the origin of what is now known as criminology.
- Provides the need to conceive the fight against crime as a general task of the State: Its reaction to punishment is different from the purely repressive and brings the offender to the fore.
- Negative aspects: it forgets individual guarantees and dispenses with the study of current law.
The Italian lawyer Enrico Ferri, in his work (Criminal Sociology), expands and configures the vision of positivism with a more unitary and coordinated criterion, starting from considering that man is fatally determined to commit crimes by the fact of living in society since it generates the motives for the crime. In this way, the individual becomes a puppet driven by anthropological, social and physical factors, and, in effect, the principle of social responsibility must be established.
Firstly, the variations that have been observed and can be observed in certain anthropological factors, such as the different part that corresponds to age and sex in the crime, and the more or less great force of explosion granted to antisocial tendencies, already congenital, already due to mental alienation, dependent on their own, of rejection, of social factors, for example, of institutions related to abandoned childhood, industrial work of children, the participation of women in foreign and commercial life, to preventive or repressive security measures taken to isolate dangerous individuals and so on; These variations are, therefore, an indirect effect of the social factors themselves.
In the second place, these social factors predominate in occasional delinquency and by acquired habit, and since it provides the largest contingent in the total of criminality, it is clear that social factors contribute to a large extent to the upward or downward movement that is manifested. It has been in crime in a long series of years (Ferri, 2004, p. 229).
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What does the theory of positivism propose?
The positivism is a philosophical current which claims that all knowledge derives somewhat from the experience, which can be supported by the scientific method. The term positivism emerged in France in the mid-19th century.
What is the utility of positivism in society?
The positivism asserts that in reality there is a single order which tends to the indefinite progress of society. Human beings could not be studied or investigated individually, but as part of a totality that is society (the absolute totality at its extreme).
What is the contribution of positivism to social work?
The positivist current has served as the basis for Social Work in terms of theoretical-methodological aspects, contributing its ideas and conceptions to explain society and the relationships that exist in it, as well as other currents such as Marxism and phenomenology.
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