Classicism: The Utilitarian Approach

CLASSICISM
Classicism surfaced in the late eighteenth century. This was basically in response to the capricious and brutal forms of punishment that ruled the pre-modern structure of crime control and justice. Social contract theories disputed the political influence declared by the nobility and projected that all humans were liberated to act in whatever way they choose. Human beings act as free agents to make contracts with other humans to fulfill their civic and social duties. The utilitarian approach asserts that humans are principally driven by the idea to maximize their pleasure and diminish pain. The basic principle of the classist school of thought claims that human beings are free in their will to take up criminal activities on the basis
He extended the idea that in order to break out of the brutality and social disorder due to no laws; every member of the society will have to forgo a part of their freedom to the supreme realm. Beccaria considered punishment to be vital to guard the independence of people from those that hampered with it (Hostettler, 2011, p.69-70). This notion of the affiliation between the state and its people can be verified with preventive justice. The citizens have an obligation to the state and towards one another to stand by the law and to embrace coercive steps taken by the state to ensure peace and order in the society. The state is considered responsible to protect the liberty of its people against individuals that plan to cause any
This is because no harm has been caused to the society. Beccaria, however, to some extent tolerate the concept of punishment before any crime is committed. He acknowledged the need for punishment before crime but also stood fast in his belief that the penalty for the attempt should be considerably less than the punishment for the actual crime. According to Beccaria, this theory also stands true in case of accomplice in crime where the accomplice receives less punishment than the offender (Hostettler, 2011,