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Sample Assignment: Eitri of the Positivist School Homework Help!

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Jurisprudence has come from two words i.e. Juris meaning law and Prudentia meaning knowledge or philosophy. So, it means the philosophy or knowledge of the law. It gives us insight into the development of law. It talks about different schools of thought which see law based on their perspective with our positivist school coursework services.

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The difference between these approaches divides jurists into these schools. There are four primary schools of jurisprudence.

  • Analytical- It is concerned with law as it is followed in the present epoch.
  • Historical-It says the law is an outcome of historical development.
  • Sociological- Law is the popular will of the citizen or Volkgeist.
  • Natural law- Divine law or law of nature is supreme.

In criminology, there are various schools of thought. One of them is Positivists school which traces its foundation to Bentham and Austin. Due to the overlapping of these domains, students look out for Positivist School Homework Help.

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Etymologically, criminology traces its root from Latin "Crimen." It means accusing or blaming. Logy has Greek roots in "Logia" which means the analytical study of nature, scope, cause, effect, and checking the criminal behaviour vis-a-vis an individual and the society.

Criminology is a multi-disciplinary subject that cuts across through behavioural sciences, sociology, psychology, etc. it relies heavily on sociology for their theories of social structure and how they affect criminals. Lawyers, psychologists, social scientists, psychiatrists, anthropologists, and legislators are directly concerned with its approach. Criminology tells us about the causes of crime, what form it has taken, who are targeted victims, etc. that helps in making policies for social and administrative restructuring to identify and protect the vulnerable.

Who coined the term Criminology?

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Quantitative methods are employed to study the distribution of crime across different segments or classes like a crime against women or children. They are also relied upon when the cause of these crimes are to be found. However, the term criminology was first used in the year 1885 by Italian jurist, Raffaele Garofalo. He used the Italian version of the term- Criminologia. His contemporary, Paul Topinard used the term criminology. This has been included in our sample for the positivist theory essay online.

The classical approach

Earlier, the classical school of through dominated the domain of crime and punishments. The outcome of such thinking and approach was rigid and sometimes inhuman. It prevailed for over a century. Gradually, it deviated and diluted to include different approaches with the development of disciplines like psychology.

The theories flaunted by the classical jurists were not very effective and most of them proved to be mere conjectures. With the advent of technology, statistical data could be collated that reflected certain behaviours among the juveniles, delinquents, habitual offenders, petty offenders, etc. that helped authorities in identifying a pattern in criminal behaviour.

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Deviation from the classical school- Positivism

For example, scientific research revealed that crime varied by age, race, sex, and geographic area; that is, it became obvious that factors far beyond personal calculation and motivation were involved in the manifestation of crime and criminal behaviour. With the development of various scientific disciplines during the nineteenth century, attention was drawn away from notions of rationalism and punishment, and toward an investigation of the causes of crime, stressing, in particular, the influence of hereditary, psychological, and social factors.19 In the decades that followed the classical theorists, the logic and basic methods of science evolved and took root in Europe.

According to our positivist theory Essay Expert, historical evidence proves that the earlier approach was influenced by natural law theory that had a rigid and narrow view. However, law and morality go hand in hand but the latter is not an indispensable part of the former. After the dark age, people started to find reason and logic in things and chose to follow their inquisitiveness as against the divine explanation.

Life and society were controlled by natural laws that relied on the divinity of the king. The sovereign was considered as the mouthpiece of God. The tradition was blindly followed and collective pre-dominance prevailed. But, these practices slowly declined with time.

Garofalo was an advent supported of positivism. He believed that the realm of crime and criminal science could only be made meaningful by including scientific methods. Like physical -natural laws, the foundation of every society is based on common moral and legal principles. We can say that he revolutionised the definiendum of crime by introducing sociology to it. According to him, crimes are those actions that are collectively branded by society as criminal and undesirable.

The founding father of Positivist Theory

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Bentham is truly the founding father of Positivism. The school of thought is concerned with the rules and practices as they exist in society. They are not concerned with the history of law. Auguste Comte was the founder of the sociological school and he was the one who identified Positivism as a different school.

He advocated that psychology and law must be studied alongside various other disciplines like chemistry, biology, astronomy, physics, etc. he also called positivism as analytical. He emphasized analysing and observing myriad structures while employing a comparative method in enhancing human knowledge. He advocated the inclusion of experiments to understand the intricacies of the human subconscious and the individual's nature in society. He introduced both traditional and modern outlook while developing his philosophy.

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