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Criminology Through The Lens Of Positivism




Ishaan Deepak Joshi, MIT-WPU Faculty of Law

ABSTRACT

Since ancient times, the possible causes of and remedies to crime have been speculated by scholars. It has been considered that criminology has its origins in the eighteenth century according to the criminologists of the classical school of thought. This school of thought was established by Cesare Beccaria. A variety of scholars have undertaken the attempt of coming up with a plausible explanation for criminal behavior. Every school of thought in criminology explains the concept of crime in its own unique manner, followed by suggestions as to suitable punishments and measures to justify the school’s beliefs. A school of thought is not just a systematic theory, but is actually the society’s attitude towards crime and criminality during a particular period of time. Biological theories originated early on have viewed criminality as a result of a defective function/trait in an individual. Such an imperfection can be in nature genetic or biological; biological theories of the present focus on the differences between biological and genetic factors in interactions with the surrounding environment. As per this positivist school of thought, punishment will fail to have a deterring effect due to the individual’s inherent abnormality. This article aims to understand the theories, justifications, importance and criticisms of the positivist theory of Criminology.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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