Classical and Positive Theory Essay

Classical Philosophy emphasizes on human rationality and freedom. Some classical writings are written by Plato, Aristotle, Boethius and St. Thomas of Aquinas. These writers of the ancient and medieval school are still relevant to the philosophical thoughts of today. Nation begins to turn from feudalism and the modern world based its governance on rational decision making. Classical thinking also compels justice system to give varying degrees of swift punishment to offenders. Classical school of rational thoughts believes that suffering is an integral part of human existence and since man is ordained the highest among the created things he is lord over them which means that what controls man is his free own will. His freedom is based on the fear of pain and death or punishment which makes him control his behavior. Since man is free it means free to choose what is good as dictated by the moral norms and the authority governing its people. In this way, the State ought to enforce law in an organized and equitable way. Being free does not intend to do what one wishes to do but choosing what is right. It’s relevance in today’s happening is the way how truth is safeguarded in this present society in which sometimes sins becomes a virtue. The classical minded protagonist’s defended and defined what is rational and irrational; it distinguishes the upright conscience from the deformed and seemingly lax consciences. Man is therefore relegated to its higher end and in the belief that life is worthwhile. 2) Positivist Theory What factors contributed to the intellectual heritage of positivism? How does the positivist theory apply in the modern world today, if at all? Positive theory is a search of multiple factors that causes human behavior (â€Å"CLASSICAL AND POSITIVIST SCHOOLS OF CRIMINOLOGY,† 2005). Positivism is a way of seeing things around us based on the actual happenings in the material world. That human endeavor has a pattern in which a person can discover in the natural way. Once the patterns are discovered we can deduce the information into small portions where we can analyze and learn the facts about the whole thing. The method of learning is perceived objectively, open minded view to the world. Positive law can be used to change an organization based on the observable scientific data. The application of natural sciences is applied to the study of human behavior. Positive theory as applied in the modern world could be environmental and biological and sometimes evolutionary which means that traits can be passed on through heredity. A positivist’s judge rejects the idea that criminal behavior is a result of free will but sought the understanding of the bad action through scientific method. However some psychologists believed that we could diminish the criminal populace by partial elimination which advocates death for those with permanent psychological abnormalities. The first indicates that man is not responsible of his action and the later concept is contrary to the moral norms and is not acceptable to a humane and free society. References CLASSICAL AND POSITIVIST SCHOOLS OF CRIMINOLOGY [Electronic. (2005). Version]. Retrieved 05 November 2007, from http://faculty. ncwc. edu/toconnor/301/301lect02. htm